Research On Related Problems Of Crime Of Impairing Infectious Disease Prevention

Regarding whether the object violated by the crime of obstructing the prevention and control of infectious diseases is single or the majority of academic circles have always had different views,the main focus is that the object violated by this crime is only the management order of the prevention and control of infectious diseases in a single country,or whether it is other than that.It also violates the lives,health and safety of unspecified majority of people.This article believes that the object violated by this crime should be composed of two aspects,because this crime is set in the chapter of "disturbing the order of social management" in the criminal law,and because it does not matter whether the perpetrator has performed the five kinds of obstructive behaviors stipulated in the article.Which of the following,the consequences will inevitably pose a certain threat to the lives and health of the people,so this crime should be a complex object.The subjective aspect of this crime has also generated intense discussions in the academic circles about whether the perpetrator ’ s psychological attitude is negligent or deliberate.From the intentional viewpoint,the perpetrator is clearly aware of his refusal to implement the epidemic prevention behavior,and there is no negligence.This article believes that the penalty for this crime is relatively low,and although the perpetrator’s non-implementation of epidemic prevention measures is deliberate,the intention in life and the deliberate in the criminal law cannot be confused,and the perpetrator’s actions to himself will cause the spread of infectious diseases or The risk of transmission is repulsive,unwilling to happen,and unexpected,so the subjective sin of this sin should be negligence.After the amendments and additions to the nuisance behaviors of the Criminal Law Amendment(11),this article analyzes and interprets the determination of each type of nuisance behavior,but because currently only the five types of behaviors stipulated by the law can constitute this crime,it is relatively high.The standard of incriminating may not be able to meet the needs of the sudden transmission of the disease in the future,so it proposes to modify and improve the obstructive behavior,and it is recommended that other violations of the Prevention and Control Law of the epidemic prevention and control be included in the constitutional elements of this crime.