Research On The Existing Problems Of The Crime Of "Medical Trouble-Making" Crowd Disturbing Social Order

On November 1,2015,the amendment(ix)to the criminal law of the People’s Republic of China(hereinafter referred to as "punishment(ix)")was formally implemented.With the introduction of punishment(ix),medical order was formally included in the regulation scope of the crime of gathering people to disturb social order,and medical disturbance was identified as the crime of gathering people to disturb social order.It should be noted,however,that article 290 of the penal code does not specify the specific types of medical treatment.In practice,there is no distinction between the two typical types of violence and non-violence in the judicial judgment,both of which are considered to constitute the crime of gathering people to disturb social order.From the elements of the constitution of the crime,in practice,non-violent ACTS of medical disturbance as a crime of gathering people to disturb social order is suspected of expanding the scope of attack.In fact,although the provisions of article 290 of the criminal law do not specify the specific types of medical trouble-making,the understanding and interpretation of "serious circumstances" and "serious damage",as elements of the constitution,can accurately distinguish the crime-involved medical trouble-making and non-crime-involved medical trouble-making.In addition,in practice,the medical-trouble-type crime of gathering people to disturb social order is confused with other crimes that violate public order.Therefore,it is no doubt the most urgent problem in the current judicial practice to accurately understand and identify the crime of medical disturbance and crowd disturbing social order.This paper is divided into three parts: first,it introduces the background and related concepts of the crime of medical-style crowd disturbing social order.It explains the realistic significance of the medical disturbance behavior in the background of weak administrative regulation and complex social reasons.This paper redefines the concept of medical disturbance from existing researches and defines four main types of medical disturbance from the perspective of its intention and means of behavior.Secondly,type of medical make the crime of organizing a mob to disturb social order to analyze the specific factors of constitutive requirements,through the "group","ringleaders" and "disrupt the way","serious" elements such as analysis,further define the medical alarm type of crime and organizing a mob to disturb social order is not a crime,the difference between this crime and the crime,this paper expounds the crime of organizing a mob to disturb the social order of the number of relations.Finally,according to the existing problems in judicial practice,the corresponding countermeasures and Suggestions are put forward to improve the crime of gathering people to disrupt medical order.Specifically,medical disputes cannot only rely on the regulation of criminal law,but also need the intervention and regulation of other social forces.