On The Crime Of Obstructing The Prevention And Treatment Of Infectious Diseases

Throughout the application of the crime of obstructing the prevention and control of infectious diseases,during the “SARS” period in 2003,because whether SARS belonged to class A infectious diseases was not clearly stipulated,this crime had no place to play at that time.The novel coronavirus pneumonia outbreak in early 2020,with the Supreme People’s court,the Supreme People’s Procuratorate,the Ministry of public security and the Ministry of Justice jointly issued the “opinions on punishing the crime of infecting New Coronavirus infection and preventing and controlling illegal crimes”,the crime of preventing infectious diseases is truly applicable in judicial practice.However,in the context of COVID-19,there are many problems in the judicial practice of cracking down on crime-related crimes,such as the lack of attention to this crime,the legislative time difference between this crime and the pre-law,and the relatively simple provisions of crimes.In this regard,the author takes the three-class crime theory system as the theoretical basis,takes the Criminal Law of the People’s Republic of China,The Opinions on Punishing Illegal Crimes in the Prevention and Control of Novel Coronavirus Pneumonia Epidemic according to Law,the Law of the People’s Republic of China on the Prevention and Control of Infectious Diseases and other legal norms as the support,and adopts the aggregate score structure in combination with relevant cases.To discuss the judicial application of this crime:First,the author considered the application of the crime of hindering the prevention and control of infectious diseases in the context of COVID-19.After the introduction of the basic background of the NOVEL coronavirus outbreak,the author elaborated on the legislative evolution of the crime,and then introduced how the crime was activated and applied in the context of the novel coronavirus outbreak.Finally,taking the novel coronavirus outbreak as the time node,the author made a comparative analysis of the application of the crime.Secondly,the author analyzes and discusses how to correctly identify the constitutive elements of the crime of preventing infectious diseases.In this part,the author analyzes the division of the scope of the subject of the crime,the identification of the constitutive elements of the act,the examination of the causal relationship and the identification of the subjective fault,in order to expect to be able to identify the crime more correctly.Furthermore,the author analyzes how to identify the possibility of cognition and expectation of the illegality of the crime of preventing infectious diseases.The author first introduced the theoretical connotation of illegality cognition and expectation possibility,then combined with the background of this paper,based on the concrete constitutive elements of the behavior of the perpetrator of this crime,the author analyzed and studied how to identify the illegality cognition possibility and expectation possibility of the perpetrator of this crime.Finally,the author discusses how to distinguish the crime of preventing infectious diseases from related charges.Under the background of new crown outbreak,easily confused with this crime constitutes a crime in the judicial application has two main-endangering public security with dangerous method,breach of frontier health and quarantine,the author lists the definition of the two charges,the legislation content,then compares the specific differences between charges,finally,combined with the specific case,to practice how to distinguish between the two crimes.