1. "Notice on Maintaining Order in Medical Institutions"
7. Anyone who commits any of the following violations of public security management will be investigated by the public security organs in accordance with the "People's Republic of China and the State Public Security shall be punished in accordance with the Management Penalty Law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Burning paper money, setting up mourning halls, placing wreaths, burying corpses in violation of regulations, and gathering crowds to cause trouble in medical institutions;
(2) Provoking quarrels and causing trouble in medical institutions;
(3) Illegal carrying of flammable and explosive dangerous goods and controlled equipment into medical institutions;
( 4) Insulting, threatening, intimidating, intentionally harming medical staff or illegally restricting the personal freedom of medical staff;
(5) Intentionally damaging, stealing or robbing public and private property in medical institutions;
< p>(6) Reselling medical institution registration certificates;(7) Other behaviors that disrupt the normal order of medical institutions.
This notice shall come into effect on the date of promulgation.
April 30, 2012
2. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the National Health and Family Planning Commission's "On Punishing Medical-related Violations and Crimes According to the Law" Opinions on Maintaining Normal Medical Order":
2. Strictly punish medical-related illegal crimes in accordance with the law
Medical-related illegal and criminal activities must be seriously investigated and resolutely cracked down in accordance with the law. The public security organs should intensify the investigation and punishment of illegal and criminal activities such as violent killings of doctors, injuries of doctors, and disruption of medical order. After receiving the alarm, they should dispatch the police promptly and deal with it quickly. If criminal liability needs to be investigated, the case should be opened for investigation in a timely manner and comprehensive and objective collection should be carried out. , Collect evidence and ensure the quality of investigation.
The People’s Procuratorate should promptly approve arrests and prosecute cases in accordance with the law, strengthen legal supervision over major medical-related criminal cases, and provide opinions on the collection of evidence and application of the law when necessary. People's courts should speed up the progress of trials and accurately convict and impose sentences in accordance with the law on the basis of comprehensive ascertainment of the facts of the case. Defendants with cruel criminal means, deep subjective malignancy, high personal risk or medical-related crimes with bad social impact must be punished in accordance with the law. Severe punishment.
(1) Anyone who beats medical staff or intentionally harms the body of medical staff or intentionally damages public or private property in a medical institution without causing serious consequences shall be punished in accordance with Articles 43 and 40 of the Public Security Administration Punishment Law respectively. Punishment in accordance with Article 9: Intentionally killing medical personnel, or intentionally injuring medical personnel causing serious consequences of more than minor injuries, or arbitrarily beating medical personnel with egregious circumstances, or arbitrarily damaging public or private property with serious circumstances, constitutes the crime of intentional homicide, intentional injury, or intentional destruction of property. Those who commit the crime of picking quarrels and provoking trouble shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(2) If private mourning halls are set up, wreaths are placed, paper money is burned, banners are hung, doors are blocked, or medical order is disrupted in other ways at medical institutions, but serious losses have not been caused and persuasion and warning are ineffective, the person shall be punished. Disperse in accordance with the law, and those who refuse to obey must be taken away from the scene in accordance with the law and punished in accordance with the provisions of Article 23 of the Public Security Management Punishment Law; if a crowd is gathered to carry out the crime, the ringleaders and other active participants shall be punished in accordance with the law; causing serious losses or If the circumstances of disrupting the order of other public places are serious enough to constitute the crime of picking quarrels and provoking trouble, gathering a crowd to disrupt social order, or gathering a crowd to disrupt order in a public place or traffic order, he shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
Anyone who illegally parks corpses in wards, rescue rooms, intensive care units and other places of medical institutions and in public open areas of medical institutions, affecting the medical order, and if persuasion and warning are ineffective, shall be punished in accordance with public security management The penalty prescribed in Article 65 of the Law; if it seriously disrupts medical order or other public order and constitutes a crime, it shall be convicted and punished in accordance with the provisions of the preceding paragraph.
(3) Anyone who illegally restricts the personal freedom of medical personnel by not being allowed to leave the workplace shall be punished in accordance with the provisions of Article 40 of the Public Security Administration Punishment Law; if it constitutes the crime of illegal detention, he shall be punished in accordance with the relevant provisions of the Criminal Law Conviction and punishment.
(4) Anyone who openly insults or intimidates medical personnel shall be punished in accordance with the provisions of Article 42 of the Public Security Administration Punishment Law; the use of violence or other methods to openly insult or intimidate medical personnel is serious (evil) and constitutes Those who commit the crime of insulting or provoking trouble shall be convicted and punished in accordance with the relevant provisions of the criminal law.
(5) Anyone who illegally carries firearms, ammunition, controlled instruments or explosive, radioactive, poisonous or corrosive items into a medical institution shall be punished in accordance with Articles 30 and 32 of the Public Security Administration Punishment Law. Provides penalties; if the circumstances of endangering the safety of the public are serious and constitute the crime of illegally carrying firearms, ammunition, controlled knives, or dangerous goods to endanger the safety of the public, they shall be convicted and punished in accordance with the relevant provisions of the Criminal Law.
(6) For those who deliberately escalate the situation, instigate others to commit illegal and criminal acts against medical institutions or medical personnel, or commit extortion, pick quarrels and cause trouble in the name of being entrusted by others to handle medical disputes, they shall be punished in accordance with The relevant provisions of the Public Security Administration Punishment Law and the Criminal Law impose severe penalties.
3. "Memorandum of Cooperation on the Implementation of Joint Punishment of Persons Responsible for Untrustworthy Behaviors that Seriously Endanger the Normal Medical Order":
Inter-department Joint Punishment Measures
(1 ) limit subsidized financial support.
(Implementing units: National Development and Reform Commission, State-owned Assets Supervision and Administration Commission)
(2) Guide insurance companies to adjust property insurance premium rates in accordance with risk pricing principles.
(Implementing unit: China Banking and Insurance Regulatory Commission)
(3) Taking its untrustworthy behavior that seriously endangers the normal medical order as an important reference factor for restricting the enjoyment of preferential policies.
(Implementing units: National Development and Reform Commission, Ministry of Commerce, General Administration of Customs, State Administration for Market Regulation)
(4) Restrictions on serving as legal representatives, directors, supervisors, senior officers of state-owned enterprises Management staff.
(Implementing units: Organization Department of the Central Committee of the Communist Party of China, State-owned Assets Supervision and Administration Commission, State Administration for Market Regulation)
(5) Restrictions on registration as legal representatives of public institutions.
(Implementing unit: Central Staff Office)
(6) Restrictions on recruitment (employment) as civil servants or staff of public institutions.
(Implementing units: Central Organization Department, Ministry of Human Resources and Social Security)
(7) Timely revoke relevant honors in accordance with procedures, cancel the qualification of disciplinary subjects to participate in the first-class evaluation, and shall not submit to Punishment targets are awarded honors such as "Moral Model", "Model Worker", and "May 1st Labor Medal".
(Implementing units: Central Civilization Office, All-China Federation of Trade Unions, Central Committee of the Communist Youth League, All-China Women’s Federation and other relevant units)
(8) Failure to comply with the period specified in the execution notice Those who fulfill their payment obligations determined by effective legal documents and have the People's Court take measures to restrict consumption in accordance with the law, or who fail to perform the obligations determined by effective legal documents and are included in the list of dishonest persons subject to enforcement by the People's Court in accordance with the law, shall be restricted from taking airplanes, trains, soft sleepers, and G-shaped seats. High consumption and other consumption behaviors that are not necessary for life and work, such as first-class and above seats on the first EMU train and other EMU trains.
(Implementing units: Ministry of Transport, Railway Corporation, Civil Aviation Administration, Ministry of Culture and Tourism, Ministry of Natural Resources, Ministry of Housing and Urban-Rural Development, Supreme People’s Court)
(9) Incorporate dishonest actors who seriously endanger normal medical order into the national credit information sharing platform and notify their units.
(Implementing units: National Health Commission, Ministry of Public Security)
(10) Report untrustworthy actors who seriously endanger the normal medical order through the "Credit China" website and other major news websites, etc. Announce to the public.
(Implementing units: Central Propaganda Department, Central Cyberspace Administration of China)
(11) Restrictions on obtaining certification agency qualifications.
(Implementing unit: State Administration for Market Regulation)
(12) Use illegal and untrustworthy information as the establishment and equity or actual control of securities companies, insurance companies, fund management companies and futures companies It is an important reference for the approval or filing of changes in persons, insurance intermediary business licenses or changes in shareholders and actual controllers of professional insurance intermediaries, registration of private equity investment fund managers, changes in major matters, and fund filings.
(Implementing units: China Securities Regulatory Commission, China Banking and Insurance Regulatory Commission)
(13) Use illegal and untrustworthy information as directors, supervisors and directors of securities companies, insurance companies, fund management companies, and futures companies. Reference for appointment approval or filing of senior managers and branch heads.
(Implementing units: China Securities Regulatory Commission, China Banking and Insurance Regulatory Commission)
(14) Use illegal and untrustworthy information as a reference for the approval of independent fund sales agencies. Relevant entities with records of dishonesty will be subject to strict review when applying for qualifications for securities, funds, and futures businesses, and special attention will be paid to relevant entities that have become securities, funds, and futures practitioners.
(Implementing unit: China Securities Regulatory Commission)
(15) Restrict the enjoyment of preferential policies in investment and other fields.
(Implementing unit: National Development and Reform Commission and other relevant units)
(16) When applying for commercial Internet information services, use its untrustworthy information as an important reference for reviewing relevant licenses .
(Implementing unit: Ministry of Industry and Information Technology)
Extended information:
Case:
Seven "medical troublemakers" in Lianyungang, Jiangsu "Besieged and smashed the hospital and was sentenced
Because he was dissatisfied with the outcome of the medical dispute, He Moumou, a man from Haizhou District, Lianyungang City, Jiangsu Province, gathered several relatives to besiege the hospital, clashed with the security guards, and smashed hospital items . In September 2015, the Haizhou District Court sentenced seven defendants including He Moumou to fixed-term imprisonment ranging from ten months to three years for the crime of gathering a crowd to disrupt social order.
In 2006, He Moumou went to Lianyungang First People's Hospital for treatment due to a traffic accident. Later, he had a medical dispute with the hospital. Because he was not satisfied with the hospital's handling and treatment results, He Moumou and his relatives repeatedly Petition. On the morning of September 15, 2014, He and his wife led more than 20 relatives to the entrance of the hospital and put pressure on the hospital by holding banners and blocking the door.
During this process, He Moumou and others clashed with the hospital security guards and chased each other with the security guards. Later, He Moumou and others attacked the hospital's toll booth, police room, medical guidance desk, etc. Door and window glass, computers, flower pots, railings and other items were smashed, seriously affecting the normal medical order of the hospital. After identification, the total value of the smashed items was RMB 20,020.
On August 6, 2015, the Haizhou District Procuratorate prosecuted 7 people including He Moumou, the ringleader in the "medical trouble" case, and Zhao Moumou, who actively participated, on suspicion of gathering a crowd to disrupt social order. File a prosecution.
After the trial, the Haizhou District Court supported the prosecution opinion in accordance with the law. It believed that He Moumou and seven other people gathered a crowd to disrupt social order. The circumstances were serious and their actions constituted the crime of gathering a crowd to disrupt social order. Therefore, it made the above judgment a few days ago.
Reference material: People's Daily Online - Seven "medical troublemakers" in Lianyungang, Jiangsu were sentenced for besieging and smashing the hospital