Study On Some Problems Of The Crime Of Impairing Infectious Disease Prevention

In late 2019,the COVID-19 disease suddenly broke out in our country,and it has spread to more than 200 countries in a very short time.Our country immediately issued relevant polic ies to guide ep idemic prevention and control work,the criminal law related charges are used to crack down on the illegal acts in the epidemic situation and application of the crime of obstructing the prevention and treatment of infectious diseases are activated.However,the theoretical research and jud icial application of this crime are is rare,resulting in there are many problems in the use of this crime.Firstly,this paper sorts out the legislative evo lution of this crime and analyzes the relevant laws and regulations and other normative documents.Secondly,the constituent elements of the crime of preventing and controlling infectious diseases are analyzed,combined with the main academic views and personal opinions,the subject,object,objective and subjective aspects of this crime are c larified.Thirdly,the jud icial application of this crime and other epidemic prevention and control charges are not clearly defined,combined with the practice of cases to distinguish and exp lain.The difference between this crime and that crime is defined,and under what circumstances is applicable to administrative punishment,and under what circumstances is identified as a criminal offense.On this basis,the three problem that the crime is too narrow in scope,the standard of "causing the spread of class a infectious diseases" is vague,and the laws and regulations do not connect are made analys is by using empirical analys is.Finally,perfect suggestions on the crime of obstructing the prevention and control of infectious diseases are put forward,for the problem that the scope of this crime is too narrow,this paper suggests that infectious diseases similar to COVID-19 should be included in the regulation scope of this crime.As for the standard that ‘give rise to the spread of class A infectious diseases’,based on the actual s ituation of judic ial cases,this paper gives the corresponding quantitative standard.For the convergence of laws and regulations problem,this paper argues that the prevention and control of infectious diseases should be coordinated and unified.