Study On The Application Of The Crime Of Preventing And Controlling Infectious Diseases From The Perspective Of "treating Epidemic Diseases According To Law"

In the early stage of the prevention and control of the 2020 COVID19 epidemic,President Xi Jinping stressed that efforts should be made in all aspects of legislation,law enforcement,justice and law abiding to comprehensively improve the capacity for prevention and control according to law,so as to provide a strong legal guarantee for the prevention and control of the epidemic.Thus,China’s epidemic prevention and control has entered a new era of "epidemic control according to law".Criminal law is an important part of "treating epidemic diseases according to law",and plays an important "mission" in the prevention and treatment of infectious diseases.There is no doubt that in the process of epidemic prevention and control in China,although the criminal law has played an important role in regulating the prevention and control of crimes against infectious diseases,there are still many problems in the process of criminal legislation and judicial review.Among them,the application problem of "crime against prevention and treatment of infectious diseases" is particularly complicated and outstanding.It is of great theoretical and practical value to study this issue in depth,whether in epidemic period or post-epidemic era.The main content of this paper consists of the preface,the text of the three parts and the conclusion.In the preface,it explains the rich connotation of "treating epidemic according to law",which marks the era of rule of law in the field of infectious disease control in China.The first part of the text mainly explains the concept and application of the rule of law of the criminal law under the rule of law to treat the epidemic,which opens the follow-up research and lays the theoretical foundation.First of all,it explains that the criminal law should also realize the rule of law in the special field of regulating the prevention and treatment of infectious diseases,and follow the basic principles of statutory punishment.Secondly,it discusses the application of criminal law under the background of treating epidemic diseases according to law,among which the application of "crime of preventing and controlling infectious diseases" is particularly prominent.Thirdly,it reviews and combed the legislation and application process of "crime against infectious diseases" in China,which can be divided into three stages: the period of no legislation for this crime,the period of "SARS" and the period of "New Coronavirus".The second part,on the basis of reviewing and examining the legislation and application of the crime of preventing and controlling infectious diseases,makes an in-depth analysis of the main obstacles in the application of the crime:First,in the subjective aspect of this crime,because of the lag of the study of this crime,the complexity and particularity of the prevention and treatment of the nuisance of infectious diseases and other reasons,the theoretical circle and the judicial circle have not reached a unified view of the subjective elements of the constituent elements of this crime,which hinders the "accurate" application of this crime.Secondly,the definition of infectious diseases in the Criminal Law is based on the division of the Infectious Diseases Prevention and Treatment Law.Several B Class infectious diseases,including COVID-19,are classified as the regulation of the crime of preventing and controlling infectious diseases by the prevention and control method of "B Class A Control",which has the problem of unreasonable type definition.Thirdly,the boundary between this crime and other similar crimes,especially the crime of endangering public security by dangerous means,is still to be clarified.Fourthly,in the aspect of the sentencing of this crime,how to achieve the concretization of the principle of adapting crime to punishment,especially whether the actual crime and dangerous crime need to be treated differently is still unresolved.In the third part,on the basis of in-depth analysis of the obstacles in the application of the crime of preventing and treating infectious diseases,the countermeasures and paths are put forward.First,in view of the differences in the subjective components of the crime of preventing and treating infectious diseases,the subjective aspect of the crime should be identified as the fault,and the further analysis of its fault forms;Secondly,in view of the problem of limiting the type of infectious diseases,the author puts forward the suggestion of "changing the punishable scope".Thirdly,in view of the definition of this crime and other similar type crime,to the appropriate charges are carried on the thorough analysis,clear the similarities and differences in the applicable and a breach of the infectious diseases prevention and control of crimes,in order to realize different charges applicable to different crime "accurate" effect,proposed the related judicial interpretation and make good use of instructional cases instruction role;Fourthly,it puts forward some suggestions on the problem of the punishment of the actual harm crime and the dangerous crime.Based on the principle of combining theory with practice,this paper makes an in-depth study of the topic by using many methods such as literature analysis,interdisciplinary research,comparative analysis and case study.Through an in-depth analysis of the main obstacles in the application of the crime of prevention and treatment of infectious diseases,this paper puts forward the elimination countermeasures and paths,aiming at the "accurate and smooth" application of the crime,giving full play to the regulation function of criminal law more effectively,and providing new ideas and useful suggestions for the legislation of the crime,especially the judicial practice.