妨害传染病防治罪罪过形式研究

Study on the Form of Guilt for the Crime of Obstructing the Control of Infectious Diseases

疫情期间,妨害传染病防治罪的适用十分频繁,但从司法案例来看,其中也存在不少问题。目前学界对本罪罪过形式所持的观点有:故意说、过失说和复杂罪过说。各观点都有其优越之处,但同时也有一定缺陷。其中,复杂罪过说中的机能选择说认为在涉及到妨害传染病防治罪的适用时,应从罪名之核心内容确定罪过形式。该学说的主张较为妥适。

The offence of obstructing the prevention and control of infectious diseases is applied very frequently during epidemics,but judicial cases show that there are many problems with it.At present,the views of the academic circles on the form of this crime are:intentional,negligent and complex.Each viewpoint has its advantages,but at the same time,it also has some defects.Among them,the theory of functional choice in the theory of complex fault holds that when it comes to the application of the crime of obstructing the prevention and control of infectious diseases,the form of fault should be determined from the core content of the crime.The proposition of this theory is more appropriate.