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Criminal Regulations Of Public Health Emergencies

Posted on:2010-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:X L WangFull Text:PDF
GTID:2166360278473772Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Public heath emergencies refer to sudden outburst of a serious contagious disease, colonial disease of unknown causes, important alimentary or occupational toxicosis that has caused or may cause severe effect on the health of the general public and to other incidents that severely affect the health of the general public.it endangers public health, economic development and social stability, it has the characteristics of diversity of causes, concealment of occurrence, sudden of occurrence, heavy destructiveness, inevitability, systematicness of prevention and control, opportunity. For this reason, the establishment of reasonable mechanism of prevention and control, to reduce the destructiveness as much as possible, is necessary.Our country has included exercising the rule of law and building a socialist country governed according to law in the Constitution, making exercising the rule of law and building a country governed according to law a basic goal of the reform of the political system and the democracy and legal system building, which is fixed in the form of the fundamental law of the state. Therefore, putting prevention and control of public heath emergencies into the orbit of the legal undoubtedly is the best choice. As the ultima ratio of a country under the rule of law, criminal law should and could play an important and unique role in this regard. Criminal regulations of public health emergencies could be examined from macroscopic and microcosmic aspects. In the light of macroscopic aspect, criminal regulations of public health emergencies should adhere to the principles of handling severely and fast according to law, tempering justice with mercy, respecting and protecting human rights, besides the three basic principles of conviction and penalty according to law, equality of everyone before the law and punishment commensurate with the crime. In the light of microcosmic aspect, criminal regulations of public health emergencies can be divided into two aspects. One aspect is the understanding and application of interrelated regulations, another aspect is the modification and perfection of the existing problems. With regard to the first aspect, this paper elaborates on major crimes that public health emergencies involves, With regard to the second aspect, this paper proposes four perfection projects from the addition of interrelated accusations, the modification and perfection of interrelated accusations, the explanation and definitude of interrelated regulations, the adjustment of accessory criminal law.
Keywords/Search Tags:Public heath emergencies, Theoretical Foundation, Fundamental Principles, Present State of Legislation, The Legistrative Perfection
PDF Full Text Request
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