The establishment of negligent dangerous crimes aligns with the value of justice in criminal law and fulfills its protective function,making it practically necessary.Negligent crimes,including dangerous crimes,are an inherent part of the general provisions of the Criminal Law of the People's Republic of China.The crime of obstructing the prevention and control of infectious diseases,as specified in the special provi-sions,is a typical example of a negligent dangerous crime.The"danger"in negligent dangerous crimes refers to a real,serious,and urgent state of peril,which should be restricted to specific dangerous crimes.To effec-tively narrow the scope of negligent dangerous crimes,it is crucial to rigorously assess the perpetrator's obli-gation to foresee and avoid harmful outcomes based on the new theory of negligence.
关键词
过失危险犯/妨害传染病防治罪/具体危险犯/新过失论
Key words
negligent dangerous crime/crime of interfering with prevention and treatment of infectious diseases/concrete endangerment offence/new theory of negligence