At present, the phenomenon of "medical trouble" is relatively common and seriously disrupts social order. Criminal Law 9 improves the crime of gathering a crowd to disrupt social order and clearly stipulates that "medical trouble" can constitute the crime of gathering a crowd to disrupt social order. This issue coordinates and sorts out the legislative views, judicial views, cases and legal provisions related to the crime of gathering a crowd to disrupt social order.
The highest legal concept
View 1: The act of gathering a crowd to disrupt social order must reach a serious level and cause serious consequences to constitute a crime.
1. “The circumstances are serious”, “causing work, production, business and teaching, scientific research, and medical treatment to be impossible” and “causing serious losses” are indispensable requirements for the crime of gathering a crowd to disrupt social order.
Objectively speaking, it is an act of gathering people to disrupt social order. The circumstances are serious, making work, production, business, teaching, scientific research, and medical treatment impossible, causing serious losses. "Gathering a crowd to disrupt social order" means gathering a crowd to disrupt the work, production, business and teaching, scientific research, and medical order of state agencies, enterprises, institutions, and people's organizations under the instruction and planning of ringleaders, blocking access roads, and engaging in noisy and noisy activities. , verbal abuse, beating, smashing and looting; "serious circumstances" means disrupting normal order for a long time, gathering a large number of people, and causing a bad impact. "Causing serious losses" mainly refers to serious losses and damage to public and private property or the order of work, production, business, teaching, scientific research, and medical care. It should be pointed out that "the circumstances are serious", "causing work, production, business and teaching, scientific research, and medical treatment to be impossible" and "causing serious losses" are all essential elements of this crime and are indispensable.
2. The act of gathering a crowd is ordinary and does not cause serious losses, or the act of gathering a crowd by ordinary participants is a general illegal act.
Clear the boundaries between this crime and general illegal acts that disrupt social order. The two are basically the same in form, both disrupting normal work, production, business operations, teaching, scientific research, and medical order. The main difference lies in whether the circumstances are serious, whether serious losses have been caused, and whether they are ringleaders and active participants. If the circumstances are ordinary and no serious losses are caused, or if they are ordinary participants, they are general violations of public security management and may be criticized and educated or given public security penalties.
(Excerpted from "Understanding and Application of Provisions", edited by Shen Deyong, editor of the Research Office of the Supreme People's Court and the Criminal Law Revision Working Group Office of the Supreme People's Court, published by the People's Court Press on 2015+01).
Relevant Legislative Opinions
Where the circumstances are so serious that the work, production, business, teaching, scientific research, and medical care of agencies, units, and groups cannot be carried out, causing serious losses, it is a gathering of people to disrupt society. Elements of order crimes.
The "serious circumstances" stipulated in this paragraph generally manifest in long-term, frequent and large gatherings, disrupting important work, production, business, teaching, scientific research and medical activities, causing adverse effects, etc. "Causing serious losses" mainly refers to serious damage and losses to economic construction, teaching, scientific research, and medical care. Here, the seriousness of the circumstances makes it impossible to carry out the work, production, management, teaching, scientific research, and medical care of agencies, units, and groups, causing serious losses, which are all indispensable elements of this crime. For general illegal acts, if the circumstances are minor, no serious losses are caused, and the harm is not great, they do not constitute this crime and can be dealt with in accordance with the provisions of the Public Security Administration Punishment Law.
(Excerpted from
View 2: The boundary between the crime of gathering a crowd to disrupt social order and general group disputes lies in whether group disputes are used to create social chaos.
Clearly The boundary between this crime and mass incidents is that bureaucracy and formalism among agency leaders, improper handling of matters involving the interests of the masses, or work errors lead to mass incidents, which mainly rely on improving work and persuasion and education, and should not be used to commit crimes at will. However, those who use mass incidents to incite the masses, make unreasonable demands, and disrupt normal social order are in compliance with the provisions of Article 290 of the Criminal Law and shall be investigated for criminal responsibility according to law for the crime of gathering a crowd to disrupt social order.
< p> (Excerpted from "Understanding and Application of Provisions", edited by Shen Deyong, editor of the Research Office of the Supreme People's Court and the Criminal Law Revision Working Group Office of the Supreme People's Court, published by the People's Court Press on 2015+01).View 3: In the process of committing the crime of gathering a crowd to disrupt social order, if the criminal act constitutes other crimes, the rule of punishing one felony or punishing several crimes together shall be applied according to different circumstances.
Draw a clear line between one crime and several crimes. If the perpetrator commits other crimes in the course of committing a crime that disrupts social order, he shall choose a felony punishment in accordance with the principle of dealing with implicated offenders; if the perpetrator independently constitutes intentional homicide, intentional injury, robbery, intentional destruction of property and other crimes, he shall be punished together with the crime of gathering a crowd. The crime of disturbing social order was merged.
(Excerpted from "Understanding and Application of Provisions", edited by Shen Deyong, editor of the Research Office of the Supreme People's Court and the Criminal Law Revision Working Group Office of the Supreme People's Court, published by the People's Court Press on 2015+01).
Related cases. The file extension of the encoded image stored using the jpeg file exchange format
1. Whoever gathers a crowd to besiege grassroots organization staff, entangle the masses, and disrupt social order in the name of anti-corruption can commit the crime of gathering a crowd to disrupt social order. ——The case of Yan Miaoqi and others gathering a crowd to disrupt social order.
The essence of the case: Anti-corruption requires legal means. In the name of anti-corruption, gathering crowds to besiege workers of grassroots social organizations, causing traffic jams, and closing factories, etc., are in line with the characteristics of openness, diversity, and complexity of members. If the circumstances are serious and cause serious damage to the production unit, the gathering of crowds shall be used to disrupt Social order crimes are dealt with.
Case number (2000) Shao Zhongxingzhongzi No. 102. 157
Trial Court: Shaoxing Intermediate People’s Court of Zhejiang Province.
Data source: Summary of Chinese trial cases.
2. Gathering a crowd to petition, insulting government staff, and destroying property in relatively small amounts does not constitute a crime - Qiu Changmian and others gathered a crowd to disrupt social order.
Gist of the case: Not all acts of gathering a crowd constitute a crime, and those that do not seriously disrupt social order should not be considered a crime of gathering a crowd to disrupt social order. Therefore, gathering a large number of people to petition and destroying a small amount of property is a general group incident and does not reach the level of serious circumstances and serious consequences in the crime of gathering a crowd to disrupt social order.
Case No. (2001) Yan Penalty No. 118
Trial Court: Yancheng Intermediate People’s Court of Jiangsu Province.
Data source: Summary of Chinese trial cases.
Legal Basis
Amendment to the Criminal Law of the People's Republic of China (9)
31. Amend the first paragraph of Article 290 of the Criminal Law to read: “Gathering a crowd Whoever disrupts social order, and the circumstances are serious, causing work, production, business, teaching, scientific research, and medical treatment to be impossible and causing serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; other active participants shall be sentenced to not more than three years. Fixed-term imprisonment, criminal detention, public surveillance or deprivation of political rights."
Add two paragraphs as the third and fourth paragraphs: "Repeatedly disrupting the work order of state organs and failing to make corrections after administrative punishment, causing serious consequences. If the consequences are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever organizes or sponsors multiple illegal gatherings of others and disrupts social order, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph
Statement: The information comes from the "Faxin" WeChat account (ID: Legal_Information)