Research On The Judicial Identification Of Crimes Of Obstructing The Prevention And Control Of Infectious Disease

In 2020,the novel coronavirus epidemic swept the world,becoming the most widespread large-scale infectious disease since the founding of the People’s Republic of China,causing a large number of deaths and affecting the quality of human life for the longest time.All countries in the world have relatively complete legislation on all kinds of infectious diseases and have a long history.However,due to the great differences in traditional culture among countries,their response situations are very different and their provisions on this crime are also very different.The crime of preventing and controlling contagious diseases is a charge added to the Criminal law amended in 1997,which was not explicitly stipulated in Chinese law before then.With the massive spread of the novel coronavirus,the charges that had been shrouded in dust for many years have finally been applied judiciarily,which also provides the judicial practice basis for the research of the crime,making "a hundred schools of thought arguing" no longer limited to theoretical knowledge on paper.For this crime,not only in the form of the crime,but also in the specific application of the crime and other similar charges are full of doubts.According to the difference of the case how the judge to precisely distinguish and apply these charges,these problems are still to be discussed.This paper starts with the case of Du Yusheng’s crime of obstructing infectious diseases,and analyzes the case to solve the above two difficult problems.