In order to punish medical-related crimes according to law, maintain normal medical order and build a harmonious relationship between doctors and patients, this opinion is formulated according to the Criminal Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Public Security Administration Punishment and other laws and regulations, combined with work practice.
First, fully understand the importance of punishing medical-related crimes according to law and maintaining normal medical order.
Strengthening the construction of medical and health undertakings is an important social construction project to realize people's medical treatment and improve the health level of the whole people. After years of efforts, China's medical and health undertakings have made remarkable achievements, but there is still a certain gap between the medical service capacity and the level of medical security and the people's growing demand for medical services. For a period of time, illegal and criminal acts such as violent killing and wounding of doctors and affray in medical institutions have occurred in some places, which have seriously disrupted the normal medical order and infringed on the legitimate interests of the people. A good medical order is an important embodiment of social harmony and stability, and it is also an objective requirement for improving people's well-being. Punishing medical-related crimes according to law and maintaining normal medical order are conducive to safeguarding the legitimate rights and interests of both doctors and patients, creating a good medical environment for patients and a safe practice environment for medical staff, thus promoting the overall improvement of medical service level and the healthy development of medical and health undertakings.
Second, severely punish medical-related crimes.
It is necessary to seriously investigate and deal with and resolutely crack down on illegal and criminal acts involving medical treatment according to law. Public security organs should intensify their efforts to investigate and deal with illegal and criminal activities such as violent killing, wounding and disturbing medical order. After receiving the alarm, you should call the police in time and deal with it quickly. If criminal responsibility needs to be investigated, a case shall be filed for investigation in time, and evidence shall be collected and collated comprehensively and objectively to ensure the quality of investigation. The people's procuratorate shall timely arrest and prosecute according to law, strengthen legal supervision over major medical-related criminal cases, and put forward opinions on collecting evidence and applying the law when necessary. The people's court shall, on the basis of a comprehensive investigation of the facts of the case, speed up the trial, accurately convict and sentence according to law, and severely punish the defendant who has cruel criminal means, deep subjective malignancy and great personal danger, or the criminal acts involving medical treatment with bad social influence according to law.
(a) beating the medical staff of a medical institution or intentionally injuring their bodies or intentionally damaging public or private property, which has not caused serious consequences, and shall be punished in accordance with the provisions of Articles 43 and 49 of the Law on Public Security Administration Punishment; Whoever intentionally kills medical personnel, or intentionally injures medical personnel, causing serious consequences such as minor injuries, or arbitrarily beats medical personnel, or arbitrarily damages public or private property, which constitutes the crime of intentional homicide, intentional injury, intentional destruction of property, and provocation, shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(2) setting up a mourning hall, placing wreaths, burning paper money, hanging banners, blocking the gate or disturbing the medical order in other ways without causing serious losses, those who refuse to obey shall be dispersed according to law, and those who refuse to obey shall be taken away from the scene according to law and punished according to the provisions of Article 23 of the Law on Public Security Administration Punishment; If a crowd is gathered to carry out it, the ringleaders and other active participants shall be given public security punishment according to law; Whoever causes heavy losses or disturbs other public order, if the circumstances are serious enough to constitute the crime of stirring up trouble, gathering people to disturb social order, gathering people to disturb public order and traffic order, shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
Illegal parking of corpses in wards, rescue rooms, intensive care units and other places of medical institutions and public open areas of medical institutions, which affects medical order, shall be punished in accordance with the provisions of Article 65 of the Law on Public Security Administration Punishment; Whoever seriously disturbs medical order or other public order and constitutes a crime shall be convicted and punished in accordance with the provisions of the preceding paragraph.
(3) illegally restricting the personal freedom of medical personnel by not leaving the workplace, etc. , in accordance with the provisions of article fortieth of the public security administration punishment law; Those who constitute the crime of illegal detention shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(4) Whoever publicly insults or intimidates medical personnel shall be punished in accordance with the provisions of Article 42 of the Law on Public Security Administration Punishment; Whoever publicly insults or intimidates medical personnel by violence or other means, if the circumstances are serious (bad), constitutes the crime of insulting and stirring up trouble, shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(5) Whoever illegally carries guns, ammunition, control devices or explosive, radioactive, toxic or corrosive substances into medical institutions shall be punished in accordance with the provisions of Articles 30 and 32 of the Law on Public Security Administration Punishment; If the circumstances endangering public security are serious enough to constitute a crime of endangering public security by illegally carrying guns, ammunition, controlled knives and dangerous goods, he shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(VI) Whoever intentionally aggravates the circumstances, instructs others to commit illegal and criminal acts against medical institutions or medical personnel, or commits extortion and troublemaking in the name of being entrusted by others to handle medical disputes, shall be given a heavier punishment in accordance with the relevant provisions of the Law on Public Security Administration Punishment and the Criminal Law.
Three, actively prevent and properly handle medical disputes
(a) the administrative department of health and family planning shall strengthen the supervision of the medical industry, guide medical institutions to improve their medical service capabilities, and ensure the safety and quality of medical care. Medical institutions and their medical staff should strictly abide by medical and health management laws, administrative regulations, departmental rules and norms of diagnosis and treatment, strengthen the construction of medical ethics, improve service attitude, pay attention to humanistic care, respect patients' rights such as privacy, information and choice, communicate in an appropriate way according to patients' different conditions, prognosis and actual needs, and do a good job of explanation and reasoning to prevent and reduce medical disputes from the source.
(two) the administrative department of health and family planning shall guide medical institutions to strengthen complaint management, set up a doctor-patient relationship office or a designated department to undertake the complaint management of medical institutions, and establish a smooth and convenient complaint channel.
The complaint management department of a medical institution shall publish the contact information of the department and the people's mediation organization for medical disputes and other relevant institutions and the procedures for solving medical disputes in a prominent position of the medical institution, increase the publicity of patients' legal knowledge, and guide patients to solve medical disputes legally and rationally. Conditional medical institutions can set up an online complaint platform and arrange special personnel to handle and reply to patients' complaints. It is necessary to ensure that complaints will be handled and answered, and the handling situation will be fed back to the complainant within the prescribed time limit.
For medical disputes that cannot be resolved through consultation between doctors and patients, medical institutions should solve them in time by applying to the people's mediation Committee for mediation and other legal channels.
(three) the judicial administrative organs in conjunction with the administrative departments of health and family planning to speed up the construction of people's mediation organizations for medical disputes, and establish independent people's mediation committees for medical disputes in areas where medical institutions are concentrated and medical disputes are prominent.
The judicial administrative organ shall, jointly with the people's court, strengthen the guidance to the people's mediation committee of medical disputes, help improve the working system of acceptance, mediation, return visit and feedback of people's mediation of medical disputes, strengthen the team building and professional training of people's mediators of medical disputes, and establish a medical legal expert consultation database to ensure that mediation is legal, standardized and effective.
The judicial administrative organ shall organize legal aid institutions to provide legal aid to eligible patients with medical disputes and their families, guide law firms and notaries to provide legal services for the parties to medical disputes, guide lawyers to do agency services, and urge both parties to medical disputes to properly resolve disputes.
(4) The people's court shall promptly accept cases of medical damage compensation and actively carry out litigation mediation. If mediation fails, it shall make a timely judgment according to law and earnestly safeguard the legitimate interests of both doctors and patients. In the process of litigation, it is necessary to strengthen litigation guidance and do a good job of dispelling doubts after judgment.
(5) The administrative department of health and family planning shall, jointly with the public security organs, guide medical institutions to establish and improve the emergency early warning and response mechanism and the joint prevention and control mechanism of police and doctors, so as to improve the on-site handling capacity of emergencies. Public security organs can set up police offices in medical institutions according to actual needs, accept medical-related alarms for help in time, and strengthen dynamic control. If a medical institution finds a patient with violent tendency in the process of diagnosis and treatment, or finds that the contradiction intensifies in the process of handling medical disputes, which may lead to public security cases and criminal cases, it shall report to the public security organ in time.
Fourth, establish and improve the coordination mechanism.
All relevant departments should attach great importance to cracking down on medical-related crimes and maintaining normal medical order, conscientiously implement the decision-making arrangements of the CPC Central Committee and the State Council on building a harmonious doctor-patient relationship, strengthen organizational leadership and coordination, and form a joint force to build a harmonious doctor-patient relationship. Health and family planning administrative departments at or above the prefecture level shall actively coordinate relevant departments to establish joint meetings and other working systems, exchange information regularly, study and solve problems in time, maintain medical order, and promote the healthy development of China's medical and health undertakings.