According to the Criminal Code of People's Republic of China (PRC).
Article 291 The crime of gathering people to disturb public order and traffic order. If the crime is serious, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Second, the causes of medical disputes
Medical disputes are usually caused by medical mistakes and negligence. Medical negligence is a mistake made by medical staff in the process of diagnosis and nursing. Medical fault refers to the fault of medical staff in medical activities such as diagnosis, treatment and nursing. These faults often lead to patients' dissatisfaction or injury, which leads to medical disputes.
In addition to medical disputes caused by medical faults and negligence, sometimes, medical parties do not have any faults or mistakes in medical activities, or disputes may be caused only by patients' unilateral dissatisfaction. Such disputes can be caused by patients' lack of basic medical knowledge, ignorance of correct medical methods, natural prognosis of diseases, inevitable complications and accidents during medical treatment, or unreasonable accusations from patients. Some people also call it medical tort dispute, that is, the dispute between the provider and the recipient of medical services about whether medical behavior and its consequences belong to tort and tort liability.
Practical significance of being punished for medical disputes
The incident of gathering people for medical trouble seriously disturbed the normal medical order, seriously infringed on the interests of medical staff and patients, aggravated the further tension between doctors and patients, and caused serious social harm.
The ninth draft of the criminal law amendment formally wrote medical troubles into the criminal law, mainly for propaganda and symbolic significance, and the legal provisions themselves did not add new content. Although "medical trouble" was not formally written into the criminal law before, in judicial practice, relevant provisions such as gathering people to disturb social order have been adopted to investigate criminal responsibility for those who disturb medical order.
Criminalizing medical trouble with serious circumstances and causing serious losses is helpful to severely crack down on medical trouble, eliminate its negative demonstration effect, prevent the growth of unhealthy trends such as taking the opportunity to cause trouble, and promote the construction of harmonious doctor-patient relationship. This will play a positive role in protecting the legitimate rights and interests of both doctors and patients, creating a good medical environment for patients, creating a safe practice environment for medical staff, and promoting the prevention and handling of disputes between doctors and patients into a legal and standardized track.