Opinions on punishing medical-related crimes according to law to maintain normal medical order
In order to punish medical-related crimes according to law, to maintain normal medical order, and to build a harmonious relationship between doctors and patients, according to the "Criminal Law of the People's Republic of China" "Law of the People's Republic of China on Public Security Administration Punishments," etc., and combined with the practice, the development of the present opinions.
One, fully understand the importance of punishing crimes involving doctors to maintain normal medical order
Strengthening of medicine and health care, is to realize the people's disease, improve the health of the people's important social construction projects. After years of efforts, China's medical and health care development has made remarkable achievements, but there is still a certain gap between the medical service capacity, the level of medical protection and the people's growing demand for medical services. For a period of time, individual places have been violent killings of doctors, injuries to doctors and mobbing in medical institutions and other illegal and criminal acts, seriously disrupting the normal medical order and infringing on the legitimate interests of the people. Good medical order is an important manifestation of social harmony and stability, and is also an objective requirement for improving people's well-being. According to law to punish the medical crime, maintain normal medical order, is conducive to protect the legitimate rights and interests of doctors and patients, to create a good environment for patients to see a doctor, for medical personnel to create a safe practice environment, thus promoting the overall improvement of the level of medical services and the healthy development of medicine and health undertakings.
Second, strictly in accordance with the law to punish crimes related to medical
The illegal and criminal acts related to medicine, according to the law, should be seriously investigated and resolutely crack down. The public security organs should increase the violence to kill, injure, disrupt the medical order and other illegal and criminal activities to investigate and deal with the receipt of the alarm should be promptly dispatched to the police, quickly disposed of, need to be held criminally responsible for the timely filing of investigations, a comprehensive and objective collection and retrieval of evidence to ensure the quality of the investigations. The people's procuratorates should make timely arrests and prosecutions in accordance with the law, and should strengthen legal supervision of major medical-related crime cases, and if necessary, may offer opinions on the collection of evidence and the application of the law. The people's courts shall speed up the progress of hearings, and accurately convict and sentence on the basis of comprehensively ascertaining the facts of the case, and severely penalize defendants who have committed crimes by cruel means, with deep subjective malice, and with great personal danger, or who have committed medical-related crimes with a bad social impact.
(a) in medical institutions, beating medical personnel or intentionally injuring medical personnel, intentional destruction of public and private property, has not yet caused serious consequences, respectively, in accordance with Article 43 of the Law of Public Security Administration Punishments, Article 49 of the provisions of the punishment; intentional killing of medical personnel, or intentional injury to medical personnel resulting in minor injuries or more serious consequences, or randomly beating medical personnel under aggravating circumstances, arbitrary destruction of public or private property under serious circumstances, constituting the crime of intentional homicide, intentional injury, intentional destruction of property, provoking trouble, shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(2) In medical institutions, private hearths, wreaths, burning paper money, hanging banners, blocking the door or otherwise disturbing the medical order, has not yet caused serious damage, the persuasion and warning is ineffective, shall be dispersed according to law, the refusal to comply with the law shall be taken away from the scene, in accordance with the provisions of Article 23 of the Law of Public Security Administration Punishments, punishment; the gathering of a crowd of people to carry out the implementation of the prime mover and other active Participants shall be punished according to law; causing serious damage or disturbing other public **** order is serious, constituting the crime of provoking trouble, gathering to disrupt social order, gathering to disrupt the order of public **** place, traffic order, in accordance with the relevant provisions of the Criminal Law shall be convicted and punished.
If a person illegally parks a corpse in a ward, resuscitation room, intensive care unit, etc. of a medical institution and in an open area of a medical institution's public ****, affecting the medical order, and if persuasion or warning is ineffective, he shall be punished in accordance with Article 65 of the Law on Punishment for Public Security Administration; and if he seriously disrupts the order of a medical institution or other public ****, constituting a crime, he shall be punished by a conviction in accordance with the provisions of the preceding paragraph.
(3) Anyone who unlawfully restricts the personal freedom of a medical worker by forbidding him to leave his workplace shall be punished in accordance with the provisions of Article 40 of the Law on Public Security Administration Punishments; and anyone who constitutes the crime of unlawful detention shall be convicted and punished in accordance with the provisions of the Criminal Law.
(4) Anyone who openly insults or intimidates a medical worker shall be punished in accordance with the provisions of Article 42 of the Law on Public Security Administration Punishments; anyone who adopts violence or other methods to openly insult or intimidate a medical worker in a serious (egregious) case, constituting the crime of insulting or picking quarrels and provoking trouble, shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(5) Anyone who illegally carries firearms, ammunition, control instruments or explosive, radioactive, poisonous or corrosive substances into a medical institution shall be punished in accordance with the provisions of Articles 30 and 32 of the Law on Punishment for Public Security Administration; and anyone who endangers the safety of the public **** under serious circumstances, which constitutes the crime of endangering the safety of the public by illegally carrying firearms, ammunition, control knives or dangerous substances, shall be convicted and punished in accordance with the relevant provisions of the Criminal Law. Conviction and punishment.
(f) For those who intentionally expand the situation, abet others to commit illegal and criminal acts against medical institutions or medical personnel, or commit acts of extortion and provocation in the name of being entrusted by others to deal with medical disputes, they shall be severely punished in accordance with the Law on Public Security Administration Punishments and the relevant provisions of the Criminal Law.
Three, actively prevent and properly deal with medical disputes
(a) Health and Family Planning Administration shall strengthen the supervision of the medical industry, and guide the medical institutions to improve the medical service capacity, to ensure the medical safety and quality of medical care. Medical institutions and their medical staff should strictly abide by health care management laws, administrative regulations, departmental regulations and diagnosis and care norms, strengthen medical ethics and medical construction, improve service attitude, focus on humanistic care, respect for the patient's right to privacy, the right to know, the right to choose, etc., according to the patient's condition, prognosis, and the patient's actual needs, to take the appropriate way to communicate, do a good job of explaining the work of reasoning, preventing the source and reducing medical disputes. and reduce medical disputes.
(2) health planning and administrative departments should guide medical institutions to strengthen the management of complaints, the establishment of doctor-patient relationship office or designated departments to undertake the management of complaints in medical institutions, the establishment of smooth and convenient complaint channels.
Medical institutions complaints management department should be in the medical institution prominently published in the department and medical disputes people's mediation organization and other relevant institutions, medical dispute resolution procedures, increase the publicity of legal knowledge of the patients, guiding the patients in accordance with the law, rationally resolve medical disputes. Conditional medical institutions can set up a network complaints platform, and arrange for specialized personnel to handle and respond to patient complaints. To do complaints must be managed, complaints must be replied to, within the prescribed period to the complainant feedback processing.
For medical disputes that cannot be resolved through consultation between the doctor and the patient, the medical institution shall promptly resolve the dispute by applying to the People's Conciliation Commission for mediation and other legal means.
(C) the judicial administrative organs shall, in conjunction with the administrative departments of health planning and health care to accelerate the construction of people's mediation organization of medical disputes, in the concentration of medical institutions, medical disputes in the area of the establishment of an independent people's mediation committee of medical disputes.
The judicial administrative organs shall, in conjunction with the people's courts, strengthen the guidance of the people's mediation committees for medical disputes, help to improve the acceptance of people's mediation of medical disputes, mediation, return visits, feedback and other work systems, and to strengthen the construction of people's mediators for medical disputes and business training, and the establishment of a medical, legal and other expert consulting pool, to ensure that mediation is carried out in accordance with the law, standardized and effective.
The judicial administrative organs shall organize legal aid institutions to provide legal aid for patients with medical disputes and their families who are in need of and eligible for legal aid, and guide law firms and notary publics to provide legal services for parties to medical disputes, and guide lawyers to do a good job of acting as agents, so as to promote the proper resolution of disputes between the two sides of medical disputes.
(d) the people's court for the prosecution of medical damages case should be accepted in a timely manner, and actively carry out litigation mediation, mediation fails, timely judgment in accordance with the law, and effectively safeguard the legitimate interests of doctors and patients. In the process of litigation should be strengthened litigation guidance, and do a good job of post-judgment interpretation.
(E) health administrative departments shall, in conjunction with the public security organs to guide the medical institutions to establish and improve the mechanism of early warning and response to emergencies and the police and doctors to prevent and control mechanisms to improve the ability to deal with emergencies on the scene. Public security organs can be based on the actual needs of medical institutions to set up a police station, timely acceptance of medical alarms and help, and strengthen the dynamic control. Medical institutions in the process of diagnosis and treatment of patients found to have a propensity for violence, or in the process of dealing with medical disputes found to have the conflict intensified, may lead to public security cases, criminal cases, should be promptly reported to the public security organs.
Four, the establishment of a sound coordination mechanism
The relevant departments should attach great importance to the fight against crimes related to medicine, the importance of maintaining normal medical order, seriously implement the CPC Central Committee and the State Council on the construction of a harmonious relationship between doctors and patients of the decision-making and deployment, and strengthen the organizational leadership and coordination, to build a harmonious relationship between doctors and patients of the formation of a concerted effort. Municipal level above the health care administration should actively coordinate the relevant departments to establish a joint meeting and other working systems, regular exchange of information, timely research and problem solving, *** with the maintenance of medical order, to promote the healthy development of China's medical and health undertakings.