Study On The Application Of The Crime Of Impairing Prevention And Treatment Of Infectious Diseases Under COVID-19

From the perspective of the legislative evolution and legislative purpose of the crime of obstructing the prevention and control of infectious diseases,The Criminal Law Amendment(11)brings "infectious diseases with Class A infectious disease prevention and control measures" into the scope of punishing the crime of obstructing the prevention and control of infectious diseases,which is not an expansionary provision in essence,but a return to the preceding law.The main object of the crime is "the health and safety of non-specific majority of people",and the secondary object is "the management order of infectious disease prevention and control".Novel coronavirus pneumonia is a crime in the new crown pneumonia epidemic because of the numerous preposition laws and the "bottom up" expression in Criminal Law.Novel coronavirus pneumonia should not only include those who have a history of stay in the epidemic area and a close contact history,but also include other perpetrators who violate epidemic prevention and control measures,which causes "novel coronavirus pneumonia spread or serious spread risk".The judgment of "novel coronavirus pneumonia transmission or serious risk of transmission" can not be based solely on the "causality" of epidemiology,but should be combined with “the theory of contingency”.Based on the background of risk society and the particularity of infectious disease crime,the attribute of negligent dangerous crime should be affirmed.When the crime of impairing the prevention and control of infectious diseases and the crime of negligently endangering public security by dangerous means overlap,the crime of impairing the prevention and control of infectious diseases should be convicted and punished based on the particularity of the formation mechanism of infectious diseases and the principle of "felony better than misdemeanor".In the prevention and control of epidemic situation,based on the social panic psychology and specific historical tradition under the outbreak of epidemic situation,the offender who conceals the history of stay and close contact in the epidemic area and constitutes the crime of hindering the prevention and control of infectious diseases should be given lenient punishment in sentencing.