Research on the judicial application of the crime of impairing the prevention and control of infectious diseases under the background of novel coronavirus epidemic

摘要

The use of criminal law to combat acts that seriously impair epidemic prevention and control is the need of epidemic prevention and control, as well as the necessity of maintaining social stability and order. With the spread of the novel coronavirus epidemic, the crime of obstructing the prevention and control of infectious diseases has also returned to the focus of academic controversy. However, whether in judicial practice or theoretical research, the crime of obstructing infectious diseases belongs to the crime of “cold door” in our country, and has not received due attention. There are many problems in the application of the crime of obstructing the prevention and control of infectious diseases, including the determination of subjective guilt, the definition of the object of the crime and the application of the crime to novel coronavirus pneumonia, which are urgent problems to be solved. In this regard, this article discusses from four perspectives: the legal basis of the crime of obstructing the prevention and control of infectious diseases, the justification of the evidence, the identification of the crime, and the application suggestions.