Study On Legislation Perfection Of Crime Of "Medical Disturbance" Gathering Crowd To Disturb Social Order

With the rapid development of today’s society,the medical level has become more and more advanced,and people have higher requirements for health.However,the overall distribution of medical resources in China is not even,and the total supply of medical resources can not meet people’s total demand for health.Doctor-patient contradiction is increasingly intensified,medical disputes occur frequently,doctor-patient relationship is becoming more and more tense,"medical trouble" is thus produced."Medical disturbance" not only disturbs the normal medical order,but also infringes on the personal rights of medical staff and hinders the development and stability of society.In 2015,"medical disturbance" was criminalized,and the word "medical treatment" was officially added into Article 290 of the Criminal Law of the People’s Republic of China,and medical order was explicitly included in the regulation scope of the crime of gathering crowds to disturb social order,which is a progress in the field of criminal legislation.However,in recent years,a series of malignant "medical disturbance" events reflect that the legislative regulation of "medical disturbance" is not perfect,especially for the treatment of some special cases of "medical disturbance",such as "professional medical disturbance" and "non-violent medical disturbance",there are still some urgent problems to be solved in the legislation.The thesis is divided into three parts: introduction,text and conclusion.The text is discussed from the following three aspects:Firstly,the basic theory of "medical disturbance" crime of gathering crowds to disturb social order is summarized,including the concept of "medical disturbance",the concept and constituent elements of "medical disturbance" crime of gathering crowds to disturb social order.Elaborated the dual theory of legal interest including criminal object,"group",disrupt the way that "serious" and "severe damage" definition of standards,the cognizance of the ringleaders and active participants,behavior person subjective aspect of crime,the problem such as purpose and motivation,for further research of "medical alarm" to regulate good correlation.Secondly,in this paper,the current "medical alarm" to be convicted and sentenced to punishment cases data analysis,summed up the "medical alarm" organizing a mob to disturb public order crime in legislation still exist the following problems: one is the crime convictions flaws,the rules of the crimes standard is not clear,"non-violent medical alarm" also do not have clear qualitative;Second,"medical disturbance" may involve a multitude of charges,involving the crime of gathering a crowd to disturb social order,the crime of picking quarrels and provoking troubles,the crime of obstructing official duties,intentional injury,extortion and many other crimes.Because there is no clear provision,so blurred the boundaries of each charge;Third,the sentencing standard of special cases is not clear,"professional medical trouble" and "sudden family medical trouble" in sentencing there is no obvious difference,for special charges sentencing easy to omit evaluation;Fourth,there is no clear provision on the identification of the number of crimes.On the one hand,it comes from the conflict of crime number caused by different charges under different categories due to the comprehensive evaluation of "medical disturbance" behavior;on the other hand,it comes from the conflict of crime number when "medical disturbance" behavior involves continuous offense and implicated offense.Finally,in view of the above problems,the author puts forward specific suggestions for improvement: First,the judicial interpretation is issued to clarify the specific content of "serious circumstances" and "serious losses",and accurately define "non-violent medical disturbance";The second is to clarify the distinction standard between different charges,according to the specific situation of the "medical disturbance" behavior to divide the boundaries between this crime and that crime,and the "medical disturbance" behavior of the violation of the special legal interests of the special provisions to strengthen the existing charges to regulate the "medical disturbance";The third is to clarify the situation of aggravated punishment including "professional medical trouble" and "medical trouble" violating several legal interests in special charges,and constantly put forward new countermeasures according to the new form of "medical trouble";Fourthly,make clear the handling principle of crime conflict.In view of the problem that "medical trouble" involves different crimes under different categories,but it is easy to miss the evaluation,we should make a concrete analysis according to the specific situation,and accurately identify the continuous crimes and implicated crimes in different categories of specific crimes.