新冠肺炎疫情期间医患纠纷及与之相关的刑事法规制探究

Medical disputes during the COVID-19 pandemic:from the perspective of criminal law

传统刑事法视域下医患纠纷表现为“医闹”行为、伤医行为等。在疫情期间,由于严格的交通管制,使得“医闹”行为自然消解,此时医患纠纷多表现为伤医行为。传统的伤医行为多为暴力形式,而疫情期间的伤医行为存在非暴力形式,在表现形式上呈现出一定的特殊性。此外,伤医行为还可能妨害传染病防治秩序,因而不可盲目入罪,需要准确厘定罪间边界,为实现这一目的,通过审视并弥补立法、相关司法解释和意见的不足,达到填补法律漏洞和避免法律冲突的双重效果。

From the perspective of the traditional criminal law,medical disputes are manifested as"medical disturbances"and violence against doctors.Due to the strict traffic control during the COVID-19 pandemic in China,the"medical disturbances"naturally dissolve,and the medical disputes are mostly manifested as violence against doctors.While the traditional violence against doctors is often physical,non-physical violence may exist during the COVID-19 epidemic.In addition,violence against doctors may also jeopardize the order of COVID-19 prevention and control,and thus should not be blindly criminalized,and the boundaries between crimes need to be accurately determined.For this purpose,the shortcomings in legislation,judicial interpretations,and opinions need to be reviewed and corrected to fill legal loopholes and avoid legal conflicts.