Research On The Identification Of The Constitutive Elements Of The Crime Of Impairing The Prevention And Treatment Of Infectious Diseases

In December 2019,the Corona Virus Disease 2019 broke out in Wuhan,Hubei Province.In order to crack down on violations of epidemic prevention and control measures,relevant laws and regulations were introduced.In actual judicial practice,the judicial system did not identify clearly the elements of the crime of hindering the prevention and control of infectious diseases,leading to the vague application of this crime and other charges.Therefore,this paper studies from the Angle of identifying the constitutive elements of this crime,so as to accurately and reasonably apply this crime in judicial practice.This paper mainly discusses the constitutive elements of the crime of hindering the prevention and treatment of infectious diseases,mainly from the theory of four elements,on the basis of clearly discussing the constitutive elements of the crime,and then to explore the connection and distinction between the crime and other related charges.The thesis studies the constitutive requirements of the crime of hindering the prevention and treatment of infectious diseases,and divides the thesis into six parts:The first part is the introduction.The main task is to carry on the literature review of the crime,through the literature review to grasp the domestic and foreign theoretical research on the crime of the important and difficult points,to point out the direction of the paper research.The second part is the status quo and problems of constitutive elements identification.Through the analysis and comparison of the relevant cases of this crime,the problems existing in the identification of the elements of this crime in judicial practice can be found out through data research.The theory should guide the practice.Only by understanding the problems existing in practice can the theory be targeted.The third part is the study of the object of this crime.The author thinks that the object of this crime is a single object,namely "the state management order of the prevention and treatment of Class A infectious diseases".By comparing various theories of the object,it concludes that the focus of the controversy of the theory is "whether public security is the object of the crime".The single object theory thinks that the object of the crime does not include public security,while the complex object theory thinks that the object of the crime includes public security.The concept of public security is analyzed and compared with the concept of public health,and the two are different conclusions.Therefore,it demonstrates whether the crime is a single object or a complex object,and finally comes to the conclusion that the object of the crime is "the state management order for the prevention and treatment of Class A infectious diseases".The fourth part is the objective aspect of this crime.By defining the scope of class A infectious diseases,the author draws the conclusion that this crime is class B infectious diseases for prevention and control according to class A infectious diseases.Based on the contents of Article 330 of Criminal law,the author defines the five types of behavior of this crime,and draws the conclusion that the first four types of behavior of this crime have particularity,while the fifth type of behavior has generality.Through the interpretation of the article of this crime,it is concluded that this crime has two kinds of harm results: "causing the spread of infectious diseases" and "having a serious risk of spreading".The method of identifying specific dangerous crimes by Professor Roxin is used to identify the specific dangerous results of this crime.By comparing the basic national conditions of China and Japan,as well as the special background and application of the "epidemic causality theory",the act of introducing the "epidemic causality theory" is denied,and the correct judgment can be reached by applying the "considerable causality theory" to the specific crime cases of obstructing the prevention and treatment of infectious diseases.It can be concluded that the doctrine can continue to apply in this crime.The fifth part is the study of the subject of this crime.The author believes that the subject of the first behavior mode of this crime is the special subject,and the subject of the other four behavior modes is the general subject,mainly through the definition of the general subject and the special subject,the analysis of the relevant laws and regulations of this crime(Article 330 of the criminal law and "opinion")and combined with the corresponding cases to draw a conclusion.The sixth part is the subjective aspect of the crime.The author believes that the subjective aspect of this crime is negligence.It mainly demonstrates the rationality of negligence theory from the perspectives of judicial interpretation,system interpretation,purpose interpretation and judicial application,and answers the objections raised by "negligence theory".It also demonstrates and proves the irrationality of intentional theory and compromise theory.