Research On The Judicial Determination Of The Crime Of Obstructing The Prevention And Control Of Infectious Diseases

Infectious diseases are far more dangerous than ordinary diseases because they are uniquely contagious and can easily infect each other and break out among people.If these diseases are not prevented and controlled in a timely manner,they will not only have a devastating impact on human health,but may also cause serious damage to the normal production life of society.Today,highly developed transportation networks and passenger systems promote trade and economic development while driving the movement of people,and the frequent movement of people brings the risk of large-scale spread of infectious diseases.Therefore,the prevention and control of the spread of infectious diseases is not only a medical and sanitary health issue,but also a social and criminal legal issue that must be focused on.The crime of obstructing the prevention and control of infectious diseases is a crime in Chapter 6 of the Criminal Law,which is presented in the form of a "blank plus narrative" description of the crime,but this crime has basically not been applied in judicial practice since its establishment.Despite the amendment of the Criminal Law Amendment(XI),there is still room for further discussion on the conviction and sentencing of this crime in legislation and justice.This paper takes the crime of obstructing the prevention and control of infectious diseases as the entry point,and explores the judicial determination of this crime by combining the Criminal Law Amendment(XI)and the Infectious Diseases Control Law and other legal documents.This paper consists of four parts: the first part is the introductory part,which compares and analyzes the research background,research significance and research status of the crime of obstructing the control of infectious diseases.Firstly,it introduces the difficulties and confusion in the determination of the crime of obstructing the prevention and control of infectious diseases in judicial practice;secondly,it elaborates the research significance of the existing crime application problems that need to be solved urgently;then,it composes the current state of research,mainly focusing on the views of the domestic academic community,and composes the relevant views around the existing controversies,reflecting the shortcomings of the research on the crime,finally,the innovations and shortcomings of this study are presented.In the second part,the legal text of the crime of obstructing the prevention and control of infectious diseases is systematically reviewed,so as to explore the legislative intent embedded in the legal provisions and relevant judicial interpretations and provide a legal basis for the following discussion.The third part introduces the elements of the crime of obstructing the prevention and control of infectious diseases,and explores the main controversial points regarding the determination of the object,the subject,the subjective intentional negligence,and the specific nuisance behavior and results of the crime,and puts forward the author’s personal viewpoint accordingly.Part IV provides a comparative analysis of the distinction between crimes and non-crimes of obstructing the prevention and control of infectious diseases,and between crimes and other crimes of obstructing the prevention and control of infectious diseases,by combining relevant legal provisions.In view of the confusion and overlap between the crime of obstructing the prevention and control of infectious diseases and non-crimes and other crimes,the criteria for determining the crime of obstructing the prevention and control of infectious diseases and the boundary between the crime of obstructing the prevention and control of infectious diseases and non-crimes and other crimes can better promote the correct application of this crime in judicial practice.