Judicial Confirmation Of The Crime Of "Medical Trouble" Collecting Crowds To Disturb Social Order

The Criminal Law Amendment(IX)included "medical trouble" into the crime of gathering a crowd to disturb social order,but there are still many problems in the theoretical and practical circles in the identification of this crime.There are no clear and specific judicial explanations for the core concepts related to conviction and sentencing,such as "crowd disturbance","serious circumstances","medical order cannot be carried out","serious losses",ringleaders" and "active participants",which result in different degrees of deviation in specific identification standards in judicial practice.As for the judicial determination of the crime of "medical disturbance"gathering people to disturb social order,we should,on the basis of adhering to the theory of comprehensive constitutive elements,distinguish it from the objective harm and the degree of subjective will,so as to get the internal elements and non-consideration factors of "serious circumstances".We should start from the essential attributes and characteristics of medical institutions to identify the "medical treatment can not be carried out" and the special types of medical institutions.The content,specific type and judgment standard of "severe loss" should be determined on the basis of the comprehensive theory of tangible and intangible,direct and indirect theory.On the basis of insisting that ringleaders" is not necessary to say,"ringleaders" and "active participants" should be identified from subjective and objective factors.