关于抗拒新冠疫情防控措施类犯罪疑难问题的思考

Reflection on Difficult Problems of Crimes Resisting the Prevention and Control Measures of COVID-19

新冠肺炎疫情防控期间,抗拒新冠疫情防控措施类犯罪涉及以危险方法危害公共安全罪、妨害传染病防治罪、妨害公务罪三项罪名,此类犯罪存在犯罪构成要件认定和类罪名区分、辨析等刑法适用上的疑难问题。宜从教义学角度对该类犯罪所涉罪名的构成要件展开实质解释,以罪刑法定原则为基础进行类罪名区分与辨析,以客观主义为基本立场并运用三段论推理思维准确适用罪名。

During COVID-19 epidemic prevention and control, the crime of resisting the prevention and control measures of COVID-19 involves three charges: the crime of endangering public security by dangerous means, the crime of obstructing the prevention and control of infectious diseases, and the crime of obstructing official duties. There are difficult problems in the application of criminal law, such as the identification of crime elements, the discrimination and analysis of such charges. It is suggested to make a substantial explanation of the constitutive elements of such crimes from the perspective of moral education, distinguish and analyze such crimes on the basis of the principle of statutory punishment, and apply the charges accurately with objectivism as the basic standpoint and syllogism.