At present, the phenomenon of "medical trouble" is relatively common, which seriously disrupts social order. Punishment 9 perfects the crime of gathering people to disturb social order and clearly stipulates that "medical trouble" can constitute the crime of gathering people to disturb social order. In this issue, the legislative viewpoints, judicial viewpoints, cases and legal provisions related to the crime of gathering people to disturb social order are coordinated and sorted out.
Supreme legal view
Viewpoint 1: The act of gathering people to disturb social order must reach a serious level and cause serious consequences before it constitutes a crime.
1. "Serious circumstances", "making work, production, management and teaching, scientific research and medical treatment impossible" and "causing serious losses" are indispensable elements of the crime of gathering people to disturb social order.
Objectively speaking, it is an act of gathering people to disturb social order, and the circumstances are serious, which makes work, production, management, teaching, scientific research and medical treatment impossible and causes serious losses. "Gathering people to disturb social order" refers to the act of gathering people to disturb the work, production, business, teaching, scientific research and medical order of state organs, enterprises, institutions and people's organizations, close access roads, and engage in entanglement, noise, abuse, smashing and looting; "Serious circumstances" refers to disturbing the normal order for a long time, gathering a large number of people and having a bad influence. "Causing serious losses" mainly means that public and private property or the order of work, production, business, teaching, scientific research and medical care has suffered serious losses and destruction. It should be pointed out that "serious circumstances", "making work, production, management and teaching, scientific research and medical treatment impossible" and "causing serious losses" are all elements of this crime, and they are indispensable.
2. The gathering behavior is general and has not caused serious losses, or the gathering behavior of ordinary participants is a general illegal act.
Draw a clear line between this crime and general illegal acts that disturb social order. Both of them are basically the same in form, which disturb the normal work, production, management, teaching, scientific research and medical order. The main difference lies in whether the plot is serious, whether it causes serious losses, and whether it belongs to the ringleaders and active participants. If the circumstances are average and no serious losses are caused, or if they belong to ordinary participants, they belong to general violations of public security management and can be given criticism and education or public security punishment.
(Excerpted from Understanding and Application of Articles, edited by Shen Deyong, edited by the Supreme People's Court Research Office and the Supreme People's Court Criminal Law Revision Working Group Office, published by People's Court Press 2015+0/kloc-0).
Relevant legislative viewpoints
If the circumstances are serious, the work, production, business, teaching, scientific research and medical treatment of organs, units and groups can not be carried out, resulting in serious losses, which is the constitutive elements of the crime of gathering people to disturb social order.
The "serious circumstances" stipulated in this paragraph are generally manifested as a long time, many times and a large number of people gathered, disrupting important work, production, business, teaching, scientific research and medical activities, causing adverse effects, and so on. "Causing serious losses" mainly refers to serious damage and losses to economic construction, teaching, scientific research and medical care. Here, if the circumstances are serious, the work, production, management, teaching, scientific research and medical treatment of organs, units and groups can not be carried out, resulting in serious losses, which are all indispensable elements of this crime. For general illegal acts, if the circumstances are minor, causing no serious losses and little harm, it does not constitute this crime and can be handled in accordance with the provisions of the Public Security Administration Punishment Law.
(excerpt from
Viewpoint 2: The boundary between the crime of gathering people to disturb social order and general group disputes lies in whether to use group disputes to create social chaos.
Draw a clear line between this crime and mass incidents. Bureaucracy and formalism in organ leadership, improper handling of matters involving the interests of the masses, or mistakes in work, lead to mass incidents, mainly by improving work and persuading education, and should not be punished as crimes at will. However, those who use mass incidents to incite the masses, make unreasonable demands and disturb the normal social order, which are in line with the provisions of Article 290 of the Criminal Law, shall be investigated for criminal responsibility for the crime of gathering people to disturb social order according to law.
(Excerpted from Understanding and Application of Articles, edited by Shen Deyong, edited by the Supreme People's Court Research Office and the Supreme People's Court Criminal Law Revision Working Group Office, published by People's Court Press 2015+0/kloc-0).
Viewpoint 3: In the process of committing the crime of gathering people to disturb social order, if the criminal act constitutes other crimes, the rule of punishment from one felony or combined punishment for several crimes should be applied according to different circumstances.
Draw a clear line between one crime and several crimes. If the perpetrator commits other crimes in the process of committing crimes that disturb social order, he should choose felony punishment according to the principle of dealing with implicated offenders; If independence constitutes crimes such as intentional homicide, intentional injury, robbery and intentional destruction of property, it should be combined with the crime of gathering people to disturb social order.
(Excerpted from Understanding and Application of Articles, edited by Shen Deyong, edited by the Supreme People's Court Research Office and the Supreme People's Court Criminal Law Revision Working Group Office, published by People's Court Press 2015+0/kloc-0).
Related cases. The file extension of encoded image stored in jpeg file exchange format.
1. Whoever, in the name of anti-corruption, gathers people to besiege the staff of grass-roots organizations, pester the masses and disturb social order can constitute the crime of gathering people to disturb social order-the case of Yan Miaoqi and others gathering people to disturb social order.
Essence of the case: anti-corruption needs to be done in a legal way. In the name of anti-corruption, gathering people to besiege the staff of grass-roots social organizations, creating traffic jams and closing factories conforms to the characteristics of openness, diversity and complexity of members, and if the circumstances are serious and cause serious damage to production units, they should be punished as the crime of gathering people to disturb social order.
CaseNo. (2000) Shao Zhong Criminal Final ZiNo. 102. 157
Trial Chamber: Shaoxing Intermediate People's Court, Zhejiang Province.
Source: Summary of trial cases in China.
2. It is not a crime to gather people to petition and insult government workers and destroy small amounts of property-Qiu Changmian and others gather to disturb social order.
Essentials of the case: Not all acts of gathering people constitute crimes, and those that do not seriously disturb social order should not be considered as crimes of gathering people to disturb social order. Therefore, gathering several people to petition and destroying a small amount of property is a general mass incident, which does not reach the degree of serious circumstances and consequences in the crime of gathering people to disturb social order.
CaseNo. (200 1) Yan ZiNo. 1 18
Trial Chamber: Yancheng Intermediate People's Court, Jiangsu Province.
Source: Summary of trial cases in China.
legal ground
People's Republic of China (PRC) Criminal Law Amendment (IX)
3 1. The first paragraph of Article 290 of the Criminal Law is amended as: "If a crowd is gathered to disturb social order and the circumstances are serious, so that work, production, business, teaching, scientific research and medical treatment cannot be carried out, and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights. "
Two paragraphs are added as the third and fourth paragraphs: "Whoever repeatedly disturbs the working order of state organs and fails to correct it after administrative punishment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever organizes or subsidizes others to gather illegally for many times and disturbs social order, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
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