刑法治理“医闹”的有限性及“医闹”的治本之策

摘要

According to the Criminal Law A mendment (Nine) medical disturbance should be regulated by the Criminal Law, which complies with the public opinion and provides the legal guarantee to keep medical distur-bance within limits. The tolerance principle in the Criminal Law decided the limitation of the governance of medi-cal disturbance by the Criminal Law, so medical disturbance source management is particularly important. The es-tablishment of a harmonious doctor-patient relationship is the fundamental solution to the unreasonable phe-nomenon of"disturbance for money", and is the problem to be solved in the healthcare industry in China as well.%《刑法修正案（九）》顺应民意将“医闹”纳入刑法规制范围，为遏制“医闹”提供了刑法上的保障。刑法的谦抑性原则决定了刑法治理“医闹”的有限性，故“医闹”的源头治理就显得尤为重要。和谐医患关系的建立是破除“以闹取利”怪象的根本之策，也是目前我国医疗卫生行业中亟待解决的问题。