| The sudden outbreak of novel coronavirus pneumonia（hereinafter referred to as "COVID-19 pneumonia"）has impacted people’s normal life order.Due to China’s large population and great pressure on epidemic prevention,in order to ensure epidemic prevention order and citizens’ health,epidemic prevention tasks need to be distributed to the grass-roots level at all levels,and various epidemic prevention measures have been introduced.However,in the process of epidemic prevention,due to the different moral qualities of citizens or the non-standard law enforcement of front-line epidemic prevention personnel,it is inevitable that there will be a conflict between citizens and epidemic prevention personnel,and this phenomenon is not rare.Therefore,the accurate identification of public nuisance cases in the prevention and control of public emergencies in judicial practice is very important to effectively resolve the social contradictions caused by epidemic prevention and law enforcement activities and restore epidemic prevention order.This paper is divided into four parts.The first part is the introduction,which introduces the research background,research direction and research value of this paper.The second part takes 100 practical cases occurred during the epidemic as the research object,and analyzes the judicial status of obstruction of official business cases in the prevention and control of public emergencies.The third part summarizes the four problems existing in the judicial application of cases involving epidemic disease and obstruction of public service,that is,the scope of the object of infringement is controversial,the identification of "violence and threat" behavior is different,the connection between administrative punishment and penalty application is not in place,and there are deviations in the understanding and application of criminal policy.The fourth part puts forward perfect suggestions for judicial practice to solve these problems in combination with the relevant theoretical viewpoints of the academic circles,including: reasonably defining the scope of the infringed objects in the epidemic prevention and control period,and clarifying the boundary of the expansion of the scope of "three types of personnel" in the epidemic prevention period on the basis of clarifying the connotation of "official affairs" under the new situation;Clarify the content and degree of "violence and threat" behavior under the guidance of legal interests,so as to provide preconditions for clarifying the boundary between administrative punishment and punishment;Clarify the boundary between administrative punishment and penalty application,and reasonably select the punishment methods of epidemic related acts that interfere with public affairs,so as to realize the benign interaction between administrative punishment and penalty application;This paper analyzes the practical basis of criminal policy in the period of epidemic prevention from the perspective of conflict of interest,and analyzes the reasonable application of criminal policy in the period of epidemic prevention and control,so as to correct the misunderstanding of judicial application. |
