传染病防治刑事监管责任立法的类型化整合

Typed Integration of Legislation on Criminal Supervision Responsibility for Prevention and Control of Infectious Diseases

在新冠肺炎传染病防治期间,防治监管职责的渎职行为主要表现为防治主体不履行、不完全履行以及错误履行监管职责。防治监管职责的落实不到位除了与监管者本身原因有关外,还暴露出我国监督管理体制存在的缺陷。强化监管职责的履行才能保障传染病防治长效机制的建立和执行。当前我国有关传染病防治刑事监管责任的立法分散在多部法律法规之中,缺乏系统化的整合使其无法满足现实的需要,甚至难以与刑法形成有效的衔接。根据类型化的思维,从主体、对象、内容以及主观罪过四个方面对传染病防治刑事监管责任进行类型化的建构,并通过附属刑法的形式实现传染病防治刑事监管责任的立法整合。

During the period of prevention and control of COVID-19,the dereliction of duty of prevention and control is mainly manifested as non-performance,incomplete performance and erroneous performance of supervision duties.The inadequate implementation of the duty of prevention and control is not only related to the reasons of the supervisors themselves,but also exposed the defects of the supervision and management system in China.Only by strengthening the performance of supervisory duties can China ensure the establishment and implementation of a long-term mechanism for the prevention and control of infectious diseases.At present,the legislation on criminal supervision responsibility for the prevention and control of infectious diseases in China is scattered in a number of laws and regulations and the lack of systematic integration makes it unable to meet the needs of reality and even difficult to form an effective connection with the criminal law.According to the typed thinking,this paper carries on the typed construction of the criminal supervision responsibility for the prevention and control of infectious diseases from four aspects:subject,object,content and subjective crime,and realizes the legislative integration of the criminal supervision responsibility for the prevention and control of infectious diseases in the form of subsidiary criminal law.