Study On The Crime Of Impairing Infections' Prevention And Cure

In view of the lack of strong basis of punishment in the Criminal Law during the SARS period, it was difficult to punish the actions of disobeying the law of the infections' prevention and cure, which has caused the spread of SARS or the danger to spread. In order to provide the support in theory to the actions which strike the disturbance to the prevention and cure for SARS and other infections alike, the author has done a research on the Crime of Disturbing the Infections' Prevention and Cure provided in the 330th term in the Criminal Law 1997.The article is divided into 5 parts, discussing respectively in the general situation of legislation of the infections' prevention and cure in and abroad, the concept and criminal charge of disturbing the infections' prevention and cure, the criminal formation of the charge of disturbing the infections' prevention and cure, the related boundary of the Crime of Disturbing the Infections' Prevention and Cure and the related problems of legislative perfection of the Crime of Disturbing the Infections' Prevention and Cure. The first part introduces the general situation of legislation about the infections' prevention and cure, and points out the legislation for the infections' prevention and cure is one of the important measures used by people to prevent and cure the infections in different countries. The second part analyses the charge and the conception of the Crime of Disturbing the Infections' Prevention and Cure, and points out that it is fitter to denominate this charge as the charge of disturbing the infections' prevention and cure. The denomination refers to the actions which have disobeyed the provision of the law of the infections' prevention and cure, operated the legal action and the actions which have caused the spread of Epidemic Disease A or have had the danger to spread. The third part dissects every aspects of the characteristics in the criminal formation of the Crime of Disturbing the Infections' Prevention and Cure. This is the key of how to understand and apply the Crime of Disturbing the Infections' Prevention and Cure, and it is also the point of the full paper. The fourth part emphasizes that we should pay attention to the recognition of related boundary of the Crime of Disturbing the Infections' Prevention and Cure, expounds the differences between itand the general illegal actions, it also expounds the differences and similarities between the Crime of Disturbing the Infections' Prevention and Cure and related crimes, and the specific condition of the Crime of Disturbing the Infections' Prevention and Cure, so that we can understand and apply it better and much more comprehensively. The fifth part discusses the legislative perfection of the Crime of Disturbing the Infections' Prevention and Cure and suggests that to change the infections' scope from "Epidemic Disease A" to "Out-Bursting infection", this charge to give a further confirm of the behavioural ways of this charge and to adjust the sentence level of this charge property.