我国设立暴力伤医罪的立法研究

Legislative study on the crime of violent injury to medical personnel in China

十九大报告指出全面推进依法治国总目标是建设中国特色社会主义法治体系、建设社会主义法治国家。全面依法治国任务依然繁重,暴力伤医行为严重侵害医务人员权利和患者权利,严重破坏医患关系和医疗秩序。由于相关立法正在探索中,暴力伤医案件审理过程常常受到掣肘,处理结果也未能达到保障权益和警示效果。从立法角度提出建议,探寻依法处理暴力伤医行为,依法保障医患双方权益和依法维护医疗秩序的有效途径。

The report of the 19 th national congress pointed out that the overall goal of comprehensively promoting the rule of law is to build a socialist legal system with Chinese characteristics and a socialist legal country. The task of administering the country according to law in an all-round way is still arduous. violent medical injuries seriously infringe on the rights of medical personnel and patients and seriously undermine the doctor-patient relationship and the medical order. As relevant legislation is being explored, the trial process of violent injury cases is often hampered, and the treatment results have not achieved the effect of protecting rights and warning. From the perspective of legislation,suggestions are put forward to explore effective ways to deal with violent medical injuries in accordance with the law,protect the rights and interests of both doctors and patients in accordance with the law, and maintain the medical order in accordance with the law.