Research On The Criminal Law System For "medicine Trouble" Behavior

Article 31 of the penal law amendment(IX)issued in 2015 added the word "medical treatment" to Article 290 of the original criminal law,and added the crime of "medical disturbance type" mustering people to disorder social order,which represents the formal punishment of "medical disturbance".As a new charge,there are still many matters in the criminal justice practice,such as the unclear standard of entering the crime,the lack of clear distinction between the actors,the unclear boundary between similar crimes and so on.If these problems are not clear,it will cause different results in the similar case,affect judicial justice and weaken judicial credibility.Point at these problems,this paper will start from the following five parts.The first part briefly introduces the background and current situation of the regulation.It is clear that the crime of gather the crowd together to break the social order in the "medical disturbance" type regulates the narrow sense of "medical disturbance",meanwhile,the author points out that there are some problems in the current judicial practice,such as the lax handling of criminal cases,the unclear standard of entering crimes,the vague boundary between similar crimes and the inadequate determination of the number of crimes.The second section discusses the legal interests of the crime of "medical disturbance" gathering people to disturb social order.The social order protected by the crime is the social order within a specific scope,specifically the work order of organs,enterprises,institutions,people's organizations and other units.The understanding of "medical order" should be limited to the medical institutions' diagnosis and treatment work order,not including the administrative management order.The third part discusses the objective behavior of the crime of "medical disturbance" gathering people to disturb social order.In order to constitute the crime of gathering people to disturb the social order,the behavior of "medical disturbance" must conform to the characteristics of "gathering people",in which "gathering" is embodied in organizing,planning and commanding to gather people,it biggest characteristic is organization and "crowd" indicates that the actor is at least three and the person who gathers is included.For judging "serious circumstances",we can start from the means of making trouble,subjective purpose,the number of people gathered and the place,etc.,among which "causing medical treatment unable to be carried out" is an important standard."Causing serious losses" and "serious circumstances" are progressiverelations,only when they are all in line can they be found to constitute this crime.The fourth part analyzes the main subject of the crime of "medical disturbance" gathering people to disturb social order.The main subject of the crime is the ringleaders and active participants,having the ringleader is the essential element of the crime.The ringleader plays the role of organization,planning and command in the "medical disturbance" crime.The active participants and the general participants are mainly distinguished from the positive degree of the subjective attitude and the harmful degree of the implementation behavior.The fifth part discusses other issues of judicial cognizance of the crime of "medical disturbance" gathering people to disturb social order.This crime and similar charges can be divided from the characteristics of "gathering",subjective motivation,place and other aspects.When the perpetrator commits other harmful acts beyond the purpose of "making trouble",he should be punished for several crimes simultaneously,and punishment from a felony when imaginative joinder of offenses is established and several acts are involved.In addition,this crime belongs to consequential crime and plot crime,which is accomplished when the crime is constituted,so there is no unfinished form.