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

During the epidemic control period of the novel coronavirus pneumonia,in order to adapt to the need for the rule of law in the course of epidemic prevention and control,the crime of obstructing the prevention and control of infectious diseases has been initiated and applied.At present,the academic community holds the following views on the form of this crime: the theory of negligent offense,the theory of intentional offense,and the theory of coexisting offenses.Each viewpoint has its advantages,but at the same time,it also has certain shortcomings.Mainly discussed and studied from the following four chapters:The first chapter will first sort out and analyze the existing typical judicial cases,analysis of the offence of obstructing infectious disease prevention and control in judicial determination,and point out the problems of confusion in determining the form of the offense in judicial determination,and the principle of inconsistent subjective and objective determination of responsibility.The second chapter elaborates the basic position of the "negligent fault theory" of the crime of obstructing and controlling infectious diseases,and points out the inadequacies of this theory,he "negligent fault theory" will lead to the expansion of dangerous crimes,violate the coordination of legislation,and it is illogical to infer it as a fault to distinguish related charges.The third chapter elaborates on the shortcomings of the "intentional crime theory",stating that the form of intentional determination of this crime cannot be justified and there are shortcomings.Under the principle of subjective and objective unity in China’s criminal law,the "intentional crime theory" has no reasonable application space and violates the principle of adapting crime,responsibility,and punishment.Chapter 4: Adhere to the theory of coexisting offenses.Proposed the reasons for identifying as coexisting offenses,and provided specific ways to identify as coexisting offenses.In the conclusion,a summary of the key content discussed earlier is provided,and prospects for further in-depth research are proposed.It also points out that COVID-19 is currently downgraded from "Class B,Administration A" to "Class B,Administration B",and the epidemic prevention and control will remove the temporary emergency management state,and the identification of the crime after returning to the normal management stage.