Research On Criminal Law Response Mechanism In Public Health Emergency

From history to modern times,whenever there has been a major outbreak of infectious diseases in human society,people have faced a society of rising death,constant panic,economic disruption and limited communication.The late 2019 outbreak of “COVID-19 ”continues to spread around the world.Up to now,countries around the world are still stuck in the difficult prevention and control of novel coronavirus epidemic,and there is no obvious trend of improvement.The outbreak of“COVID-19”has been recognized by the WORLD Health Organization as a "public health emergency of international concern".The novel coronavirus pandemic not only seriously threatens the human life and health,but also profoundly affects the world pattern and the political and economic development,national security and social stability of various countries.In response to the epidemic crisis,many countries around the world have declared a national public health emergency.A society in a public health emergency needs the protection of the criminal rule of law.A public health emergency is a state of emergency in response to a public health emergency.As the problem context of the study,the response mechanism of criminal law is aimed at the state of emergency under public health emergencies,and criminal law deals with the crime problems that interfere with the order of epidemic prevention and control under the state of public health emergencies through scientific criminal policy,criminal justice and criminal legislation.Constructing a scientific response mechanism of criminal law under the state of public health emergency involves the study of the intersection of the administrative emergency rule of law and the criminal rule of law under the state of emergency,which is of great academic research value.However,under the special social condition of emergency under sudden major public health events,the study on the response mechanism of criminal law is not the core paradigm of the current study of criminal law in China,and there is still a certain research gap.In the emergency period of the outbreak of novel coronavirus epidemic,criminal law also responds to epidemic prevention and control through different mechanisms such as criminal policy,criminal justice and criminal legislation,but there are also obvious deficiencies.In a public health emergency,society is supposed to maximize the protection of social security.The criminal law should protect the legal interests of the whole society in the state of emergency,and the most important thing is the order of social security and epidemic prevention and control.The value reflected in the criminal policy reflects the combination of mercy and severity,and the criminal policy is mainly strict.The response of criminal law in public health emergency has the effect scope of time and space,which is different from the criminal law in normal period.In this special state of emergency,there exists the emergency expansion of administrative power and the derogation of civil rights,which are the legal needs to maintain the order of the emergency society.How should criminal law reasonably organize the response to epidemic crimes,including the conviction mechanism and specific punishment mechanism for specific crimes.In terms of the construction of response mechanism of criminal law,the response mechanism of criminal justice is to respond urgently through judicial interpretation,legislative interpretation,typical cases and guiding cases.In view of the current situation of the reaction mechanism of criminal legislation,it needs to be further perfected by adopting special legislative forms to perfect the specific charges and specific sentencing circumstances.Finally,criminal law not only has the function of emergency response against crime,but also has the function of human rights protection.It is also an important aspect of the special response mechanism of criminal law to construct the justifiable causes of public health emergency.In short,the purpose of establishing a scientific response mechanism in criminal law is to make the society end the state of emergency as soon as possible,so as to restore the normal society.In addition to the introduction and conclusion,this paper has six chapters in total,and the specific research ideas are as follows:Chapter I: The status of criminal response mechanisms in public health emergencies.This chapter is divided into three parts.First of all,the study context of this paper is introduced.The rule of law in countries all over the world is a public health emergency caused by public health emergencies.A public health emergency is a state of emergency in response to a public health emergency.It’s different in nature from normal times and other types of emergencies.The subject of this paper is to deal with the epidemic disaster through criminal policy,criminal justice and criminal legislation under the state of public health emergency.These are criminal response mechanisms that contain specific elements.In this novel Coronavirus epidemic,the current situation of criminal law response mechanism of public health emergency is analyzed and summarized from three aspects of criminal policy,criminal justice and criminal legislation of public health emergency.Then through the third part,the deficiencies of the criminal law response mechanism of public health emergency are analyzed,reviewed and sorted out the problems,highlighting that the public health emergency calls for a scientific criminal law response mechanism,and provides a direction for the follow-up solution to the problems.The second chapter is the value basis of the criminal law response mechanism of public health emergency.This part is analyzed and demonstrated from the perspective of criminal policy,which is divided into three parts: First,the value consideration under public health emergency.The state of public health emergency is from normal rule of law to emergency rule of law,there is a conflict between the value of security and freedom,but security becomes the national stand and value choice under the state of emergency.China’s security vanguard social model highlights China’s institutional advantages.Second,criminal policy consistent with the value basis of a public health emergency.This paper analyzes the focus and scope of the criminal policy of tempering mercy with severity under the public health emergency.The focus of criminal policy is "strictly according to law".The implementation of the policy also needs certain external conditions,that is,the extension of the policy requires the correct positioning of the function of the criminal law,and the division of the criminal harm of the epidemic society,administrative violation and criminal offense.Thirdly,the practice of criminal law in line with the value basis of public health emergency.It is mainly about how to implement the criminal policy of public health emergency in the criminal legislation and criminal judicial practice,and how to implement the criminal policy of "severe punishment" in the criminal legislation and criminal judicial practice.Chapter three: the temporal and spatial scope of the criminal response mechanism of public health emergency.This chapter is mainly to solve the standard problem of how the response mechanism of criminal law changes from normal rule of law to emergency state,which involves the temporal and spatial scope of criminal law under public health emergency state.This chapter is divided into three sections: First,to define the special effectiveness of the criminal response mechanism of public health emergency,from the effectiveness of the criminal response mechanism and the effectiveness of the principle of analysis.The second is to analyze the time range of the criminal response mechanism of public health emergency.It mainly analyzes the "time point-period" under the criminal response mechanism of public health emergency.Time-point analysis is based on factual level emergencies.The determination of the time point of criminal law intervention is based on the legal standard.Analysis period mainly from the state of emergency legal procedures analysis.The analysis of "time point-period" under the "normal" mechanism of criminal law and the lifting of emergency state.Analyzing the timing of emergency relief from the fact-level,this paper holds that strict judgment and legal standards should be adopted when the criminal law turns into normal response.Thirdly,the space scope of criminal law response mechanism under public health emergency is discussed,mainly discussing the "territorial jurisdiction" principle of epidemic prevention and control and the problem of criminal law response mechanism.The relationship between the level of emergency response and the degree of criminal response in different regions is analyzed from the domestic perspective.The difference between domestic and international epidemic prevention measures leads to the problem of how to deal with the criminal law scientifically.Chapter IV Criminal justice response mechanisms for public health emergencies.This chapter mainly analyzes from the perspective of judicature how to accurately convict and sentence criminal law in judicial practice under the public health emergency.It is divided into the following parts: First,the criminal law of a public health emergency is interpreted by authority.According to the legislative interpretation and judicial interpretation in the epidemic prevention and control,the judicial situation under the epidemic prevention and control was analyzed.Second,criminal cases involving public health emergencies.Criminal cases include typical cases and guidance cases issued by the "two high levels" in response to the prevention and control of COVID-19.Through the analysis of guiding cases,the particularity of specific crimes under public health emergency is studied.Thirdly,the adaptation of crime and punishment in public health emergency is analyzed in terms of how to accurately adapt to the judicial system of specific criminal behavior types and the difficult problems in the prevention and control of epidemic diseases.The fifth chapter is the criminal legislative response mechanism of public health emergency.This chapter mainly discusses how to carry out scientific legislation design under the public health emergency from the legislative Angle.This chapter is divided into three parts: first,discuss the specific crimes of public health emergency;The setting basis and setting scheme of the special charges are analyzed and demonstrated respectively.Under the state of public health emergency,according to the charges in the normal criminal law,there are some problems,which need to be amended in time.Second,the sentencing circumstances peculiar to the criminal law of public health emergencies.According to the criminal characteristics of public health emergency,the basis and specific scheme of setting up are put forward.Under the state of public health emergency,the circumstances of the crime against the epidemic are special,so it is necessary to establish the circumstances of the crime separately in order to convict and sentencing the crime accurately.Thirdly,the form of criminal legislation of public health emergency.From the legislative idea and the theory of legal interests;This paper puts forward a new legislative form based on the criminal code and the amendment of criminal law,which not only conforms to the traditional legislative form of our country,but also can maintain the unity of the legislative style.Chapter VI Justified Causes in a Public Health Emergency.This part mainly analyzes the value evaluation mechanism of the criminal response and how to scientifically construct the exclusion of criminal causes under the under the public health emergency.According to the classification of the justifiable causes of criminal law,this paper puts forward the classification of the specific justifiable causes of public health emergency.First,the justifiable defense of public health emergency.Relates to the public health emergency to carry the virus illegal infringement of the identification and interference to hinder the exclusion of anti-epidemic medical behavior in the criminal law to identify the problem.Second,emergency avoidance under public health emergency.This section mainly discusses the special situation of emergency avoidance;Whether the behaviors of public service personnel in public health emergency to avoid the epidemic situation,ordinary citizens to avoid the epidemic situation and the object of treatment are justified or not,and whether the emergency avoidance can be established.Third,the issue of legitimate coercion in a public health emergency.The analysis and demonstration of compulsory medical treatment and compulsory isolation in public health emergency reflects the particularity of the legitimate causes of criminal law in public health emergency,which needs to be systematically sorted out in norms.It is an important mission to construct the response mechanism of criminal law under public health emergency to punish the crime of preventing and controlling infectious diseases and related epidemic crimes and to control and prevent the spread of social infectious diseases.Under the specific social environment of public health emergency,the risk of traditional crime still exists,while the crime under the state of emergency becomes more and more prominent.In the context of the specific social major epidemic transmission environment,the criminal law’s response to social crime becomes more and more urgent and important.Bear during a crackdown on crime and protecting human rights of the criminal law of traditional function,to changes in social public health emergency in the special social situation of the outbreaks involved in the new method of order and national security and the citizen health benefit protection function significantly strengthened,and jeopardizing the order of the epidemic prevention and control crime issues involved in an urgent need to react promptly and efficiently to criminal law,in order to realize the emergency justice in a state of emergency.