抗拒疫情防控措施案件的罪名适用探析

Probe into the Appropriate Use of Charges in Cases of Resisting Pandemic Prevention and Control Measures

新冠肺炎疫情爆发以来,各地纷纷查处了一批抗拒疫情防控措施案件,相关案件被告人多有流行病学史,且行为上多有活动场所广泛、接触人群不特定等特点,社会关注度高。在法律适用上,司法机关多以以危险方法危害公共安全罪、过失以危险方法危害公共安全罪与妨害传染病防治罪定性。实践中要严格坚持罪刑法定原则,注重法治思考,统一法律适用,从主体、客体、主观方面和危害后果等方面对三罪名区分适用。

Since the outbreak of covid-19,a number of cases have been investigated and handled in various regions.The defendants in related cases have many epidemiological characteristics and have many other features such as extensive sociable activities,wide contact with the uncertain number of people,which catches public attention and concern.In the application of laws,the judicial departments usually regard the crime of such kind as the crimes of endangering public security in the dangerous way,negligence,harming public security in the dangerous way or impairing the epidemic prevention and control.In judicial practice,we should strictly adhere to the principle of using penalty for a crime,which should be prescribed by laws,focus on thinking from the perspective of law governance,unify legal practices,and appropriately apply three charges from the aspects of subject,object,subjective aspect and harmful consequences.