| The crime of prevention and control of infectious diseases has been determined by criminal law legislation in 1997 as a specific crime of endangering public health in China.Since the conviction,the crime has been applied less in judicial practice,and the theoretical circle has not paid enough attention to it.The outbreak of new crown pneumonia in 2020 has activated the application and research of the crime of preventing and controlling infectious diseases to some extent.Under this background,this article is divided into four parts,carries on the thorough discussion to this crime.The first part is on the basis of referring to the Criminal Law Amendment(11)and the Law on the Prevention and Control of Infectious Diseases,combing the latest provisions of the crime of preventing and controlling infectious diseases in China,and discussing the meaning of this crime and the relevant legal basis.According to the relevant laws and regulations,it is pointed out that the object of this crime is the public health management system rather than public safety,and the objective aspect is the implementation of the provisions of the Law on the Prevention and Control of Infectious Diseases,causing Class A and determining the transmission or serious risk of transmission of infectious diseases taking preventive and control measures for Class A infectious diseases according to law.The third part is to distinguish this crime from the crime of endangering public safety by dangerous means,the crime of obstructing the border epidemic prevention and quarantine of the country,and point out the differences between this crime and the similar crime,in order to accurately clarify the boundary between this crime and the other crime and improve the accuracy of conviction and sentencing.The fourth part is closely combined with the penalty provisions of this crime law and the legislative provisions of foreign countries and other regions of our country,pointing out that the crime of prevention and control of infectious diseases has the problems of single types of penalties in legislation and not detailed sentencing norms in the judiciary. |
