| Outbreak of infectious disease has its unique infectious and easily between the majority Therefore, the Infectious Diseases phase for general diseases, and easy to society causing serious harm, especially in the modern society, the transportation industry is constantly development, the increase in the flow rate of the population, the dangers of infectious diseases on society is obvious. Modern and convenient transportation facilities, the frequent movement of persons as well as the growing number of cross-border activities and the deteriorating ecological environment, resulting in infectious diseases also become a social problem from a medical health problems vividly drawn worldwide attention. Infectious diseases have a strong regional the increasingly developed science and technology in modern society, to promote the worldwide flow of material resources, human resources and other factors of production, stimulated the fast development of the global economy, accelerate the speed of the process of globalization, but corresponding, but also makes the rapid spread of infectious diseases in the countries of the world, spread. Recent years, emerging infectious diseases spread rapidly around the world, popular, such as avian flu, atypical pneumonia, etc., confirmed to prevent and control the spread of infectious diseases can not only allow a country or region to solve, and requires worldwide joint efforts. Material basis for the prevention and treatment of infectious diseases is the use of vaccines and drugs, the security system is perfect laws and regulations and health treaty, a combination of both, in order to better prevent and control the spread of infectious diseases and epidemic.Based on the particularity of the prevalence of infectious diseases likely to cause serious harm to society, our country according to the actual situation and learn from foreign-related legal and advanced experience, the introduction of laws and regulations, and the rules and regulations and judicial interpretations, to better address infectious diseasesprevention-related issues. The criminal law is an integral part of the entire legal system is an important guarantee of the other laws are implemented. During epidemics of infectious diseases, infectious diseases have been more contingent a disease itself, and into the various areas of social life, especially in a growing number of criminal behavior associated with infectious diseases, the prevention and treatment of infectious diseases crime has also become a criminal prevention and control of the crime group. The fusion of relevant laws and regulations on the prevention and control of infectious diseases supplement to improve and perfect the control measures of the Criminal Law, which is particularly important in theory or in practice. China’s criminal law made provisions for the prevention and treatment of infectious diseases crime, however, there are still shortcomings and deficiencies.This article is consisted of four parts:The first part:"The infectious diseases crime related theory." Include three aspects: The first point is that the concept of part. The academic concept summed up at this stage of infectious diseases, including medical and legal classification of infectious diseases; chart form cited Description; hazards of infectious diseases from human harm, the harm to the economy and social hazards of the three areas will be described. The the second point combined case as well as the actual status of infectious diseases crime to illustrate the seriousness of the crime of infectious diseases. The third point from infectious diseases crime particularity, illustrates the dangers of infectious diseases crime, as well as the necessity and feasibility of the legislative and judicial.The second part:"At home and abroad on the prevention and control of infectious diseases criminal legislation Overview." Introduced the overview of the Chinese and foreign legislation Overview at the prevention and control of infectious diseases, crime legislation for the prevention and treatment of infectious diseases is one of the important measures of the people of all countries to combat infectious diseases, defects and deficiencies exist in our legislation through the comparative analysis of the situation at home and abroad.The third part:"The prevention and control of infectious diseases at home and abroad the criminal legislation Profile." Comparative analysis method, a brief overview of the legislative contrast in the prevention and treatment of infectious diseases at home and abroad, and for the prevention and control of infectious diseases crime legislation has a key role in the infectious disease prevention and control measures in part. And comparative analysis of the situation at home and abroad by the presence of defects and deficiencies in the legislation of our country.The fourth part:"Infectious diseases crime criminal justice is perfect."Criminal suspects or criminals due to the lack of current law, part of the suffering from AIDS, tuberculosis and other infectious diseases, suffering from infectious diseases as their reason to avoid legal sanctions. Even suffering from infectious diseases as the "protection" of the judiciary should not be in custody, blatantly transmitted diseases, to carry out criminal acts with impunity. Due to infectious diseases but also has its particularity, resulting in the judiciary in the fight against crimes of this special group difficult. The criminal law is an integral part of the entire legal system is an important guarantee of the other laws are implemented. Infectious diseases during disasters, but also to correctly apply the law, take the appropriate means of criminal law, good prevention and treatment of infectious diseases from a legal level, to solve the infectious diseases crime related issues. |
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