Research On The Offense Of Impairing Prevention And Treatment Of Infectious Diseases

At the beginning of 2020,due to the outbreak of COVID-19 epidemic,our country has entered a special period of epidemic prevention and control.On the one hand,in order to prevent the spread of the epidemic,various prevention and control measures have emerged one after another.On the other hand,many people use the epidemic as a tool to commit crimes.The Supreme People’s Court and other four departments jointly issued a notice,clearly stipulating that nine categories of illegal crimes should be severely punished in accordance with the law.Among them,the offense of impairing prevention and treatment of infectious diseases has attracted much attention.At the same time,the"Amendment to the Criminal Law of the People’s Republic of China(11)"revised and improved this crime.Based on this background,this paper systematically studies this crime.The first part focuses on the legislative evolution of this crime.Taking the COVID-19 epidemic as the time node,since the initial establishment of the crime,the crime has undergone three processes of "absence,activation and revision".In this process,this crime was helplessly absent during the period of SARS,and it was activated in a special way,and timely amendments were made to meet the needs of reality.The second part focuses on the analysis of the crime in the constitutive elements of the controversial issues,which is also the central part of this article.In terms of the object,the object of this crime should be positioned as a collective legal interest,and according to the logical arrangement of the criminal law system,combined with the emerging object theory,the object of this crime should be identified as "the management order of infectious disease prevention and control".In terms of objective,make a general understanding and systematic thinking of pre-administrative law,and combine with judicial cases,type behavior patterns,clarify the controversy caused by category A infectious disease,and introduce theory of epidemic causation into the judgment of causal relationship between the cause and result of this crime.In terms of subject,it is clear that the subject of this crime is a general subject,including individuals and units.In terms of subjective,comprehensive analysis from criminal law regulations,system interpretation,distinction between intention and negligence,and judicial practice,this crime is identified as a negligent crime.The third part focuses on the discrimination between this crime and similar charges.Taking "premise" as the key,distinguish this crime from the crime of negligence employing dangerous means to endanger public security.Taking"subject status" as the key,distinguish this crime from the crime of negligence in the prevention and treatment of infectious diseases.Taking "behavior link" as the key,distinguish this crime from the crime of obstructing frontier health and quarantine.The fourth part mainly discusses the legislative perfection of this crime.This crime should be based on the premise of sticking to negligent crimes,taking systematic administrative law provisions,strict limits on the scope of infectious diseases and relatively loose behavior of blank crimes as the expression mode,and taking actual harm results and specific dangers as the consequences,so as to punish individuals and units.In the modification and application of this crime,it is clearly adhered to the principle of legality,the principle of tempering justice with mercy and the leniency system of confession and punishment.