妨害国境卫生检疫罪的理解与适用--以新冠肺炎疫情防控为例

Understanding and Application of the Crime of Disrupting Frontier Health and Quarantine——Based on the Control of COVID-19 Pandemic

妨害国境卫生检疫罪的行为主体应准确界定,防止不当缩小。此罪属于侵害犯或具体危险犯,并非抽象危险犯,应审慎分辨。至于何谓"有传播严重危险",需要进一步细化和界定。而此罪的责任形式虽为故意,但不能对应全部的结果,存在客观的超过要素。另外,此罪还与妨害传染病防治罪、以危险方法危害公共安全罪等多个犯罪存在交叉、竞合关系。在行政执法中要注意对行为人责任要素和违法后果进行考察,避免错漏其他可能构成的犯罪。

The subject of the crime of impairing frontier health and quarantine should be defined accurately to prevent improper reduction of the scope. This crime falls in the category of infringement crime or specific dangerous crime, instead of abstract dangerous crime. Thus it should be distinguished cautiously. This situation of "serious risk of transmission" should be further specified and defined. Although this crime is deemed intentional in the liability form, it does not correspond to all the consequences, and there may exist extra objective factors. In addition, this crime overlaps and joins with the crime of impairing the prevention and control of infectious diseases and the crime of jeopardizing public security by dangerous means. In the administrative law enforcement, we should investigate the liabilities of the subject and the consequences of the violation, so as to avoid omissions of other possible crimes constituted.