| The introduction of the biosecurity Law and Criminal Law Amendment(XI)in2020 has promoted the standardized development of biosecurity criminal justice,while criminal justice,as the "last line of defense" for biosecurity,largely determines the effectiveness of biosecurity governance.Under the new situation,there is an urgent need to conduct research on the current practice of biosecurity criminal justice.This article takes biosecurity related criminal justice cases as the starting point to study typical criminal justice cases from 2020 to 2022.The aim is to expose the problems in the process of biosecurity criminal justice and propose targeted and actionable countermeasures and suggestions,in order to further standardize biosecurity criminal justice and form a biosecurity criminal justice mechanism with clear rights and responsibilities at all stages of criminal filing,criminal investigation and prosecution,and criminal trial execution,Enable the development of biosecurity criminal justice along a professional and scientific track,and promote the in-depth development of the construction of biological risk prevention and control and governance systems.This paper mainly conducts research from the following aspects:Firstly,the importance of biosecurity criminal justice was analyzed,relevant legal norms were summarized,the subjects involved in the judicial process and their functions were outlined,the entire litigation process was sorted out,and a case analysis was conducted on the trial procedures,citation of legal provisions,and judgment results of the case.Secondly,analyze the existing problems in biosecurity criminal justice,and analyze the problems in the process of biosecurity criminal justice in China from typical cases,mainly including three levels of legal application errors,difficulties in providing evidence and prosecution,and improper exercise of power.Once again,analyze the reasons for the above issues: legal norms,evidence collection,and institutional linkage.Finally,propose countermeasures and suggestions for improving China’s biosecurity criminal justice.In terms of improving the legal norms of criminal justice,it is recommended to explore diversified legislative models,construct a categorized accountability system,and formulate standardized standards for criminalization;In terms of optimizing the mechanism for obtaining evidence,it is recommended to establish a sound system for linking execution procedures,increase training on evidence collection capabilities,and expand channels for collecting evidence clues;In terms of ensuring trial fairness,it is recommended to unify the standard rules for the application of law in criminal justice cases,strengthen expedited adjudication procedures and coordination centered on trial,and establish a work connection mechanism between courts and procuratorates.This article proposes three countermeasures and suggestions in order to promote the professionalization,substantiation,and effectiveness of biosafety criminal justice work in practice. |
