Research On Criminal Law Regulation Of Behavior Disturbing Medical Order

Over the past decade,the material conditions of the C hinese people have improved rapidly.people are increasingly yearning for a better way of life,however,lots of contradictions in the society are breaking that expectation apart.Doctor-patient dispute in a few years ago,as a result of its various malignant events "medical alarm",show the conflicts between doctors and patients was very severe,patients and families light sparring,smash hospital facilities,or holding a weapon damage health care workers and other staff.To effectively solve the plight of the health care workers,take law as the safeguard of harmonious society,Amendment to Criminal Law(nine)promulgated at that moment,and for the first time in the Criminal Law referred to the medical order,and will disrupt the order of the behavior to regulation by the crime,and organizing a mob to disturb social order and various medical and health legislation introduced in recent years,enough to embody national attention to the "medical alarm" event,but when dealing with this type of cases in the judicial practice,there are still some deficiencies,needs to improve.except as the Beginning and end,the paper is consisting of four parts,the substances are as follows:The first chapter,this paper discusses the conviction to disturb the order of medical behavior analysis of home and abroad research status,including regulating the behavior of the legislation in our country at present situation and the theoretical study of the behavior,as well as our country Taiwan province at present for the regulation of this behavior and status of research,and also refer to foreign legislation to disturb the order of medical behavior rules and theory research.The second chapter,analysis and study of 50 criminal judgment,it is after the "Amendment to Criminal Law(nine)by the referee and qualitative for" disrupting medical order "behavior of the criminal case,by reading the compariso n and analysis,found a case of differences and differences and then find out the key factors influencing the criterions for the conviction in this,the last comprehensive these differences and the key factors,analysis of judicial documents exist is not reasonable.The third chapter,through the results of the above cases,discusses and sorts out the regulation status of behaviors disrupting the medical order,points out the current problems of criminal law regulation,elaborates the deficiencies and difficulties of legal regulation of this behavior,and lays the foundation for the next part of the improvement Suggestions.The fourth chapter,this part discusses the enrichment of the Criminal Law regulation of the behavior disturbing the medical order,is a reasonable extension of the previous part.S uggestions to consummate the existing disturb the order of medical behavior of system,consider whether it is necessary to add law to define the disturbing the order of medical behavior,according to the specific practice of criminal law over the years other difficult,consider whether it is necessary through legislative or judicial interpretation further distinguish clearly between different crimes disturb the order of medical behavior and so on.