违反传染病防治入境隔离要求行为的入罪探讨——以新型冠状病毒防治的入境隔离要求为基础

Criminalization of violations of entry isolation requirements for the prevention and control of infectious diseases——Based on the entry quarantine requirements for the prevention and control of the new coronavirus

自新型冠状病毒疫情爆发以来,隔离政策使用逐渐普遍,尤其是针对跨国流动的入境隔离更是成为我国的基本政策。但是,在入境隔离措施的具体实施中,存在部分人员违背隔离要求的行为。针对此类行为我国刑法有妨害传染病防治罪以及妨害国境卫生检疫罪的规制,依照新公布的涉新冠疫情司法解释以及两罪名本身的规定,如何具体适用两个罪名存在疑问。如果将入境隔离进行广义理解,并在其内部进行合理的时段划分,即可以有效的适用前述的两个罪名。

Since the outbreak of the novel coronavirus outbreak,quarantine policies have gradually been widely used,especially for cross-border flow of entry quarantine has become a basic policy.However,in the implementation of entry quarantine measures,there are some persons who violate the quarantine requirements.For such acts,our criminal law has regulations on the crime of prevention and control of infectious diseases and a fortiori national health and quarantine.However,there are questions about how to apply the two charges according to the newly published judicial interpretation on COVID-19 and the provisions of the two charges themselves.If the entry separation is broadly understood and a reasonable period of time is divided within it,the above two charges can be effectively applied.