Five departments such as national health and family planning commission
 
 
About print and distribute "about involved medical illegal crime must be punished in accordance with the law to maintain normal medical order opinion" notice
 
 
 
 
 
 
The national health and family planning commission of the People's Republic of China
 
 
The 2014-04-30 

Provinces, autonomous regions and municipalities directly under the central government's high court, the people's procuratorates, public security department (bureau), the justice department (bureau), health and family planning commission (health bureaus), the people's liberation army military courts, military procuratorates, production and construction corps branch of xinjiang uygur autonomous region higher people's court, the xinjiang production and construction corps of the people's procuratorates, public security bureau, justice bureau, health bureau:
        For related medical illegal crime must be punished in accordance with the law, maintain normal medical order, and to build a harmonious doctor-patient relationship, the supreme people's court, the supreme people's procuratorate, ministry of public security, justice, national health and family planning commission through in-depth investigation and study, consultation, formulated the "about involved medical illegal crime must be punished in accordance with the law's opinions on maintaining normal medical order. Hereby printed and distributed to you, please serious organizational learning and practical implementation. 

The supreme people's court
 
The supreme people's procuratorate
 
The ministry of public security
 
The department of justice
 
National health and family planning commission
 
On April 22, 2014 

About the involved medical illegal crime must be punished in accordance with the law to maintain normal medical order 

        For related medical illegal crime must be punished in accordance with the law, maintain normal medical order, and to build a harmonious doctor-patient relationship, according to the criminal law of the People's Republic of China of the People's Republic of China on public security administration punishment law and other laws and regulations, combined with the working practice, opinions are formulated.
        A, fully understand involved medical illegal crime must be punished in accordance with the law the importance of maintaining normal medical order
        To strengthen the construction of medical health care, is the realization of the people through work, improve the health level of the important social construction project. After years of effort, the medical health development of our country has made significant achievements, but the ability to medical service, medical insurance, and people's growing demand for medical service still has certain gap. Since a period, individual local violence killed one after another medical, wound healing, and in a mob of medical institutions and other illegal and criminal behavior, severely disrupted the normal medical order, the infringement of the legitimate interests of the masses of the people. Good medical order is the important manifestation of social harmony and stability, as well as the objective requirement of improve people's well-being. Involved medical illegal crime must be punished in accordance with the law, maintain the normal medical order, and to safeguard the legitimate rights and interests of both doctors and patients to create a good hospital environment, to create a safe practice environment for staff, so as to improve medical service level of the overall and the healthy development of the medicine and health care.
        Second, the strict involved medical illegal crime must be punished in accordance with the law
        For illegal crime involving medical, would seriously investigated and determined in accordance with the law. Public security organs to increase in violence killed medical, wound healing, disturb the order of medical, and other illegal and criminal activities of investigation dynamics, shall timely response and rapid disposal after receiving alarm, need to be investigated for criminal responsibility according to law, and initiate an investigation, in time to collect, obtain evidence comprehensively and objectively, to ensure the quality of detection.         The people's procuratorate shall timely arrest and prosecution in accordance with the law, for major involved medical crimes to strengthen legal supervision, may, when necessary, to collect evidence, the application of law. The people's court shall speed up the progress, on the basis of fully find out the case fact accurately in accordance with the law, the criterions for the conviction for the crime, subjective vicious cruelty deep, personal danger of the defendant or bad social influence on the medical crime, to be strictly punished in accordance with the law.
        (a) in medical institutions in medical staff beating or intentional injury medical staff body, damage public or private property, if serious consequences have not yet resulted, respectively, in accordance with the law on public security administration punishments article 43, the provisions of the article 49. Intentional killing of medical staff, or deliberately harm medical staff have minor injuries or more serious consequences, or the beating of the medical staff at random plot bad, any damage to public or private property is serious, a murder, intentional injury, intentionally damaging property crime and stir-up-trouble crime, convicted and punished in accordance with the relevant regulations of the criminal law.
        (2) in the medical institutions establishment hall, placed a wreath, burning, hanging banners, plug door or otherwise disrupt the medical order, and have not caused serious losses, the persuasion, warning invalid, to dispel, in accordance with the law of recalcitrant personnel should from the property according to law, shall be punished in accordance with the provisions of article 23 of the law on public security administration punishments; Together, the ringleaders and other active participants shall be the punishment according to law; Cause serious damage or disrupt public order if the circumstances are serious, other stir-up-trouble crime and organizing a mob to disturb social order and organizing a mob to disturb public order, the crime of traffic order, shall be punished in accordance with the relevant provisions of the criminal law to convict.
        In the medical institutions of ward, intensive care, intensive care unit and other places, and medical institutions of the public open areas illegal parking body, influence the medical order, by persuading and warning invalid, shall be punished in accordance with the provisions of article sixty-five of the law on public security administration punishments; Seriously disturb the order of medical or other public order, if the case constitutes a crime, convicted and punished in accordance with the provisions in the preceding paragraph.
        (3) is not allowed to leave the workplace, including medical personnel illegal restriction of personal freedom, shall be punished in accordance with the provisions of article 40 of the law on public security administration punishments; If the case constitutes the crime of illegal detention, convicted and punished in accordance with the relevant regulations of the criminal law.
        (4) an affront, intimidation of medical staff, in accordance with the provisions of article 42 of punishing public security management punishment; An affront to violence or other means, threatening the medical staff if the circumstances are serious (bad), make crime of insulting and stir-up-trouble crime, convicted and punished in accordance with the relevant regulations of the criminal law.
        (5) illegal to carry guns, ammunition, controlled devices or explosive, corrosive, radioactive, poisonous articles into medical institutions, in accordance with article 30 and article 32 of this law of punishing public security management punishment; Serious endanger public safety, constitute illegal to carry guns, ammunition, knives, dangerous goods endanger public security, shall be punished in accordance with the relevant provisions of the criminal law to convict.
        (6) for deliberately escalation, abetting the implementation for the illegal and criminal behavior of medical institutions or medical personnel, dealing with medical disputes or entrusted by others under the implementation of the behavior such as extortion, creating disturbances, in accordance with the law on public security administration punishments and the relevant provisions of the criminal law strictly punished.
        Third, actively prevent and properly handle medical disputes 
        (a) the family planning administrative departments for public health shall strengthen the supervision of the health care industry and guide the medical institutions to improve the medical service ability, to ensure medical safety and medical quality. Medical institutions and medical personnel should strictly abide by the medical and health management regulations of laws, administrative regulations, department and diagnosis and treatment to nurse standard, strengthen the construction of medical ethics, improving service attitude, pay attention to humanistic care, respect the patient's privacy right, right to know, options, according to different patients, the prognosis and patients with actual demand, take appropriate way to communicate, to explain the reason, from the source to prevent and reduce medical disputes.
        (2) the family planning administrative departments for public health shall guide the medical institutions in order to strengthen the management of complaints, set up the doctor-patient relationship management united take on medical institutions or designated department office work, establish the complaint channels unblocked and convenient.
        Complaint management departments of medical institutions shall be prominently reported in the medical institutions and medical dispute mediation organizations such as the department of the contact way of the relevant institutions, medical dispute resolution process, increase patients' legal knowledge propaganda, guide the patients, rational solution to medical disputes in accordance with the law. Conditional medical institutions can complain to set up a network platform, and will handle complaints, reply patients. To do complaints will be tube, complaints will be complex, the complainant feedback treatment within the time limit stipulated in regulations.
        For both doctors themselves do not talk things over solve medical disputes, the medical institution shall timely through apply to the people's mediation committee for mediation, and other legal way to solve.
        (3) of the judicial administrative organ shall, in conjunction with the family planning administrative department of health of quickening construction of medical dispute mediation organizations, in medical institutions, medical dispute highlight areas set up independent medical dispute mediation committee.
        The judicial administrative organ shall, in conjunction with the people's court to strengthen the guidance of the people's conciliation committee in medical disputes, improve medical disputes, mediation, handled by the people's mediation review, feedback and so on each work system, strengthening the construction of medical dispute people adjuster team and professional training, establish expert consultation libraries, such as medicine, law, ensure mediation in accordance with the law and regulation.
        Judicial administrative organs shall organize legal aid institutions for medical disputes with demand and eligible patients and their families to provide legal aid, the guidance law firms, notary organ for medical disputes the parties to provide legal services and guide lawyers to do a good job of the proxy service, prompt medical disputes properly solve disputes between parties.
        (4) of the people's court to prosecute the medical damage compensation cases should be timely to begin, actively carry out lawsuit mediation, the mediation fails, timely in accordance with the decision, is to protect the legal interests of both doctors. Guidance in the process of litigation should strengthen the litigation, and to do a good job of post-sentence misgivings.
        (5) the family planning administrative departments for public health shall, in conjunction with the public security organs to guide medical institutions to establish emergency early warning mechanism and JingYi linkage zone spreading mechanism, improve the ability to cope with the scene of emergency disposal. The public security organ according to actual need to set up the police room in medical institutions, accept for the medical report to the police for help, to strengthen the dynamic control. Medical institutions were found in the process of diagnosis and treatment of patients with violence tendency, or were found in the process of dealing with medical dispute escalation, may cause public security cases, criminal cases, shall timely report to public security organs.
        Fourth, establish a mechanism of coordination work
        All departments concerned should attach great importance to fight involving medical importance of illegal crime, maintain normal medical order, conscientiously implement the party central committee and state council on the decision of building a harmonious doctor-patient relationship deployment, strengthen organizational leadership and coordination, in a concerted effort to build a harmonious doctor-patient relationship. Above prefecture-level family planning administrative departments for public health shall actively coordinate relevant departments to build system of joint conference, etc, sent messages to each other regularly, the research to solve problems in time, jointly maintain the medical order, and promote the development of medicine and public health in China.