Deconstruction of subjective crime of hindering prevention and control of infectious diseases in post-epidemic era——Qualitative and quantitative analysis of the results of conviction and sentencing
Deconstruction of subjective crime of hindering prevention and control of infectious diseases in post-epidemic era——Qualitative and quantitative analysis of the results of conviction and sentencing
There are different disputes about the subjective crime of preventing infectious diseases.Different subjective crime will produce different theoretical combination paths.Adopting the theory of stratification of crime results can clarify the judgment elements of administrative crime,and determine the subjective fault of the crime of preventing infectious diseases by distinguishing the double conviction standard of quality and quantity between the result of conviction and the result of sentencing.At the same time,combining the analysis path of"rights protec-tion"legal interest and"system dependence"legal interest interpretation theory,deconstruct the conviction and sen-tencing elements of the crime of preventing and controlling infectious diseases,and construct a paradigm model for analyzing the legal offense.
关键词
妨害传染病防治罪/法定犯/犯罪结果分层论
Key words
Crime of preventing infectious diseases/Legal ways/Stratification of crime outcomes
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