Research On The Judicial Definition For The Crime Of Impairing Infectious Disease Prevention

The crime of impairing infectious disease prevention is the new accusation in"the Criminal Code"in 1997. It defines the criminal responsibilities of who impairing infectious diseases prevention. This act was very significant, and was very necessary to modern time. However, the current judicial interpretation of the Penal Code was rare. It shows that current law did not attach great importance to this act. And the elements of this act is not strict enough to limit the concept of this crime, it is easy to make confusion to similar acts and will bring inconveniences to the judicial practices.This article have conformed right under this background .We analyses this law from the angle of definition on the Crime of Impairing Infectious Disease Prevention and the conclusion combined a variety of popular academic opinions. Hoping this article would help judicial practice in the future. Firstly, I analyzed the constitution of the Crime of Impairing Infectious Disease Prevention and combined the current views with personal opinion. On this basis and then from the point of view of crime or non-crime the practical elements of this crime to detail, and have been guilty of this crime and incidents and to define the general law. Crime in the clear and practical elements of the basis elements, the paper selected for the crime of dereliction of duty to combat infectious diseases, dangerous way to the crime of endangering public safety, dangerous methods of fault to the crime of endangering public safety, the crime of obstruction of Frontier Health and Quarantine bacteria and infectious diseases, the spreading of toxic species. Those crimes are easily confused. Finally, I discussed wether this act have the special situations. This article is divided into four parts.The first part mainly discuss the characteristics of this act. Did it separately on the object, objective aspects, the main body and subjective aspects. Concluded that the object is a complex object, it directly infringe the communicable diseases prevention and control management system and invalid public safety system indirectly. The objective aspect of this crime, the performance of people for acts of violation of the provisions of the Communicable Disease Prevention Act, the implementation of the statutory four acts, or the spread of infectious diseases caused by Group A there is a serious risk of the spread of the behavior, and discusses in detail the way these four statutory acts. The main body of the crime analysis in general think are the main subject, that is, all units and individuals in the implementation of the four statutory acts, or the spread of infectious diseases caused by Group A there is a serious risk of the spread and can become the subject of this crime. Finally according to the principle of sentencing and legislation spirit, we draw the conclusion that the subjective aspects of this crime is negligence. The analysis on the characteristics of the crime is to help the latter part of this article to distinguish crime between non-crime of this act.The second part is the definition on crime and non-crime of this act, also is the focus of this article. Firstly, defined the conditions of this crime, clarified its connotation and extension respectively. Analyzed from the"A"of infectious diseases that,"the spread of infectious diseases caused by Group A"and that"the spread of serious danger"and that"behavior"such as the four areas identified for analysis. Secondly, the analysis and discussion of the acts have been found not guilty, pointing out that under the conditions of force majeure and accidents, resulting in the same consequences and does not constitute the crime. Finally, briefly introduce the general law of this crime, the general law, acts of administration to assume responsibility for the main person. Prejudice the prevention and treatment of infectious diseases are possible violations of the general implementation of one of its four acts, the distinction between the focus of crime and non-crime with the composition of the four elements of the crime and whether the spread of infectious diseases caused by Group A, or the spread of the dangerous consequences of a serious Of this crime and that crime is similar to the analysis, also made a number of legislative proposals, such as the types of infectious diseases of this crime is too strict that should be abolished and restrictions on Group A diseases. In addition, because of the Penal Code provides only four types of behavior, it would limit the effectively of this act. So it is strongly recommended that the defined behaviors should be extended.The third part is to distinguish this crime between other similar crimes, also is the main part of this article. Some examples of the five operations in the actual administration of justice and its easy to confuse the study of the charges, which are the crime of dereliction of duty to combat infectious diseases to the crime of endangering public safety Ways dangerous, dangerous methods of fault to the crime of endangering public safety, the crime of obstruction of Frontier Health and Quarantine and infectious bacteria and viruses spread of crime. Charges from these five elements, respectively, with comparison between this crime and find both similarities and differences have focused on the analysis of different places to find out the root causes of the differences. At the same time, some of the cases cited, the case of conduct for how people should be convicted and put forward their own opinion and analysis. In addition, the process of distinction between similar crimes will meet the situation of overlap of articles of law, which is a crime committed e two sub-clauses of the Penal Code at the same time. This article also discussed how to convict under this circumstance. We should grasp the following principles: if there is a independent coincidence, the special law prior to the common law. if there is a inclusive coincidence, the common law prior to the department law. But we should combine the specific situation to choose which principles to use.Part IV is the definition of special morphologies. This section discusses the existence of accomplished, attempted patterns, the existence of a common crime, as well as the presence of Consequential Aggravated circumstances of the case. This crime is the negligent crime, after analyzing, faults are non-existent crime accomplished, attempted to stop the form. At the same time, the common criminal on the requirements must have a common subjective intent, so this crime does not exist a common criminal case. Scholars now have the common fault of the concept of crime, where this article also briefly discusses the theory of joint criminal negligence, without prejudice to consider the crime prevention and control of infectious diseases can co-exist where criminal negligence. Of Consequential Aggravated analysis, this article focuses on the basic composition Consequential Aggravated Whether or not guilty of negligence can be committed. After analyzing, we considered that the basic mentality of guilty should be negligence. This shows that the crime have Consequential Aggravated circumstances.This article mainly discussed the"crime of impairing the prevention of infectious diseases"from the angle of judicial judgment. Through the discussing we should grasp the following points: the subjective attitude of this crime is fault, the result of this crime is committed Dangerous; Pay attention to the"Group infectious diseases"and"management by the Group A infectious diseases"; We should not combat to criminal offences effectively until we understand this crime correctly.