Study From The Perspective Of Epidemic Stiuation On The Judicial Determination Of The Crime Of Obstructing The Prevention And Control Of Infectious Diseases

During the COVID-19 epidemic,the crime of hindering the prevention and control of infectious diseases has been reactivated.The promulgation of the "Amendment XI to the Criminal Law" by the Standing Committee of the National People’s Congress in 2021 and the issuance of the "Opinions on Punishing Crimes of Undermining the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic in Accordance with the Law" by the Supreme People’s Court and the Supreme People’s Procuratorate in 2020 have to some extent alleviated the difficulty in the judicial application of this crime,but there are still many controversies that need to be resolved in practice.The article conducts a study on the constituent elements determination,demarcation with related charges,and punishment application of the crime of obstructing the prevention and control of infectious diseases,combining with typical judicial cases during the COVID-19 pandemic.In the first part,through research on the definition of legal interests,determination of "spread or serious risk of spreading," and determination of subjective content,a proper understanding of the constituent elements of the offense is achieved.To be specific,by introducing typical cases,the article summarizes the controversies reflected by each element in practice,and then discusses the disputed points based on theoretical viewpoints to draw conclusions,laying a theoretical foundation for the next step of analysis.The second part mainly discusses the differentiation of related charges,namely,the differentiation of this crime from the crime of endangering public security by dangerous means,the crime of obstructing official duties,and the crime of obstructing border health and quarantine.Through theoretical analysis of the elements of the aforementioned charges based on typical cases,and practical discussion through case studies,this part aims to achieve an accurate understanding of the purpose of related charges.The third part focuses on the problems in the application of criminal penalties,including the uneven application of penalties and the inappropriate connection between administrative and criminal penalties.By using typical cases as examples,this part discusses these issues and proposes suggestions based on theoretical viewpoints and the principles of applying administrative and criminal penalties,with the goal of achieving a unified standard for the application of penalties.