| The behavior of "medicine trouble" will infringe on the legal interests of order,personal legal interests and property legal interests in the medical field,and it should be strictly regulated.Since 2012,my country has adopted departmental regulations and other normative documents to combat "medical disturbances".The 2015 Criminal Law Amendment(9)officially stipulated that "medical disturbances" can be regulated through the crime of gathering crowds to disrupt social order.This shows that there have been measures in the criminal law for "medical troubles",but the vicious incidents that have occurred in recent years also reflect that there are still shortcomings in the criminal law for "medical troubles".This article sorts out China’s current laws and regulations that punish "medical troubles",analyzes the current cases of convictions and sentences for "medical troubles",and concludes that the criminal laws and regulations for "medical troubles" are in the crime setting.The main problems in this regard are as follows: First,the current charges that can be used to regulate "medical disturbances" are too narrow to cover the types of "medical disturbances" that occur in practice;second,they are infringed by the "medical disturbances" behavior.The legal benefits are complex and diverse,which leads to too many charges for regulating this behavior.Third,the crime of assembling a crowd to disrupt social order,which is clearly stipulated in the legal provisions,has a limited range of attacks,and it is still necessary to use other charges that belong to different crime systems to protect legal benefits.It is easy to have the application problems of conflict of charges and confusion of charges.In addition,there are problems with the allocation of penalties for the “medical disturbance” behavior: one is that the statutory penalty set for the behavior is too low and cannot serve as a deterrent to the disturbance;the second is due to the “medical disturbance” behavior After being formally regulated by the Criminal Law,the specific statutory penalty promotion situation has not yet been clarified.In practice,the problem of abuse of probation for troublemakers has become prominent,making the regulation of "medical trouble" a mere formality.In response to the above-mentioned problems,the author proposes to implement criminal regulations on "medical disturbances" : in terms of criminal setting,first,it is necessary to expand the standard for regulating "medical disturbances" with existing crimes,and expand the scope of cracking down on "medical disturbances";The second is to refine the crimes.When the “medical disturbance” behavior causes an intrusion to the social order,the crimes of gathering crowds to disturb the social order,the crime of provoking disturbances,etc.shall be used.When the crime of personal legal interest is violated,the crime of intentional homicide and insult shall be used.Crimes,when it destroys the legal interests of property,use the crime of extortion,intentional destruction of property and other crimes;third,it is necessary to strictly use the principle of imaginary competition to select one serious or multiple crimes and the number of crimes to resolve conflicts of crimes,consecutive offenses,and involvement If the problem is committed,the evaluation of "medical trouble" behavior is in place.Regarding the improvement of penalty allocation,one is to moderately increase the statutory penalty for each crime to regulate "medical troubles" and increase the crackdown on malignant behaviors;the second is to clarify the types of behaviors that require statutory punishments and severe punishments in "medical troubles".Determine the criteria for penalizing "medical troubles" in practice. |
PDF Full Text Request