Seven, one of the following acts in violation of public security management, shall be punished by the public security organs according to the "People's Republic of China (PRC) * * * and public security management punishment law"; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Burning paper money, setting up mourning halls, placing wreaths, illegally stopping people from dying or gathering people to make trouble in medical institutions;
(2) Causing troubles in medical institutions;
(three) illegally carrying inflammable and explosive dangerous goods and control devices into medical institutions;
(4) Insulting, threatening, intimidating, intentionally hurting medical personnel or illegally restricting their personal freedom;
(5) Deliberately damaging or stealing or robbing public or private property in medical institutions;
(six) reselling the registration certificate of medical institutions;
(seven) other acts that disrupt the normal order of medical institutions.
This notice shall come into force as of the date of promulgation.
20 12 April 30th
2. Opinions of the Ministry of Public Security, the National Health and Family Planning Commission, the Supreme People's Procuratorate and the Ministry of Justice, the Supreme People's Court, on punishing medical-related crimes according to law and maintaining normal medical order;
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.
3. Memorandum of cooperation on joint punishment of those responsible for serious harm to normal medical order and dishonesty;
Inter-departmental joint disciplinary measures
(1) Restrict subsidized financial support.
(Implementing unit: National Development and Reform Commission, State-owned Assets Supervision and Administration Commission)
(two) to guide the insurance company to adjust the property insurance rate according to the risk pricing principle.
(Implementing unit: China Banking Regulatory Commission)
(3) Take the dishonesty that seriously endangers the normal medical order as an important reference factor to limit the enjoyment of preferential policies.
(Implementing unit: National Development and Reform Commission, Ministry of Commerce, General Administration of Customs, General Administration of Market Supervision)
(4) Restrictions on the legal representatives, directors, supervisors and senior managers of state-owned enterprises.
(Implementing unit: Central Organization Department, State-owned Assets Supervision and Administration Commission and General Administration of Market Supervision)
(five) limit the registration as the legal representative of the institution.
(Implementation unit: central organization)
(six) restrictions on the employment (employment) of civil servants or staff of public institutions.
(Implementation unit: Organization Department of Ministry of Human Resources and Social Security Central Committee)
(7) Revoke relevant honors in a timely manner according to procedures, cancel the qualification of the disciplinary object to participate in the appraisal, and may not award the disciplinary object with honors such as "moral model", "labor model" and "May 1 ST Labor Medal".
(Implementation unit: 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) If the people's court fails to fulfill the payment obligations specified in the effective legal documents within the time limit specified in the enforcement notice and takes measures to restrict consumption according to law, or fails to fulfill the obligations specified in the effective legal documents and is listed in the list of people who have been executed for dishonesty by the people's court according to law, it is restricted to take planes, train soft sleepers, G-prefix EMU trains, other EMU trains and other high-consumption behaviors that are not necessary for life and work.
(Implementing unit: Ministry of Transport, Railway Corporation, Civil Aviation Administration, Ministry of Culture and Tourism, Ministry of Natural Resources, Ministry of Housing and Urban-Rural Development, the Supreme People's Court)
(nine) will seriously endanger the normal medical order of dishonesty behavior into the national credit information sharing platform and inform their units.
(Implementation unit: Health and Wellness Committee of the Ministry of Public Security)
(ten) will seriously endanger the normal medical order of dishonesty through the "credit China" website and other major news websites to the public.
(Implementation unit: Publicity Department of the Communist Party of China, Central Network Information Office)
(eleven) limit the qualification of certification bodies.
(Implementing unit: General Administration of Market Supervision)
(12) Take the information of violation of laws and trust as an important reference for the establishment of securities companies, insurance companies, fund management companies and futures companies, the examination and approval or filing of changes in equity or actual controllers, the licensing of insurance intermediary business or changes in shareholders and actual controllers of insurance professional intermediaries, the registration of private investment fund managers, major changes and fund filing.
(Implementing unit: CSRC and CBRC)
(thirteen) the information of illegal dishonesty as a reference for the approval or filing of directors, supervisors and senior managers of securities companies, insurance companies, fund management companies and futures companies.
(Implementing unit: CSRC and CBRC)
(fourteen) illegal information as a reference for the approval of independent fund sales institutions. Relevant subjects with a record of dishonesty shall be strictly examined when applying for securities, funds and futures qualifications, and special attention shall be paid to relevant subjects who have become securities, funds and futures practitioners.
(Implementing unit: China Securities Regulatory Commission)
(fifteen) to restrict the enjoyment of preferential policies in areas such as investment.
(Implementing unit: National Development and Reform Commission and other relevant units)
(sixteen) when applying for the operation of Internet information services, the information of its dishonesty should be used as an important reference for reviewing the relevant licenses.
(Implementation unit: Ministry of Industry and Information Technology)
Extended data:
Case:
Seven "medical troubles" in Lianyungang, Jiangsu Province were sentenced for blocking and smashing hospitals.
Dissatisfied with the results of medical disputes, He Moumou, a man from Haizhou District, Lianyungang City, Jiangsu Province, gathered several relatives to surround the hospital, clashed with security guards and smashed hospital items. 2065438+September 2005, 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 people to disturb social order.
In 2006, He Moumou went to the First People's Hospital of Lianyungang for treatment due to a traffic accident, and then had a medical dispute with the hospital. He Moumou and his relatives petitioned many times because they were dissatisfied with the treatment methods and results of the hospital. 20 14, 15 On the morning of September, Mr. and Mrs. He led more than 20 relatives to the hospital door one after another and put pressure on the hospital by pulling banners and blocking the door.
In this process, He Moumou and others clashed with hospital security guards and chased each other. Subsequently, He Moumou and others smashed the doors and windows, computers, flower pots, railings and other items in the hospital's toll booth, police room and medical guide desk, which seriously affected the normal medical order of the hospital. After identification, the value of the smashed items was RMB 20020.
2065438+On August 6, 2005, Haizhou District Procuratorate prosecuted seven people, including He Moumou, the ringleader of the "medical trouble" case, and Zhao Moumou, who actively participated in it. After hearing the case, the Haizhou District Court supported the public prosecution opinion of the procuratorate according to law, arguing that seven people, including He Moumou, gathered to disturb social order and the circumstances were serious. His behavior has constituted the crime of gathering people to disturb social order, so the above judgment was made a few days ago.
References:
People's Daily Online-Seven "medical troubles" in Lianyungang, Jiangsu Province were sentenced for blocking and smashing hospitals.