Constituting the attempted crime of obstructing the prevention and control of infectious diseases is sentenced to fixed-term imprisonment of not more than three years or criminal detention if one of the circumstances stipulated in Article 330 of the Criminal Law is present; if the consequences are particularly serious, the sentence shall be fixed-term imprisonment of not less than three years and not more than seven years.
Legal objective:Objective element The object of this crime is the state's management system on the prevention and control of infectious diseases. Infectious diseases are caused by pathogenic bacteria, viruses rickettsiae and protozoa, can be in the human body, between animals or between humans and animals to spread each other a disease, is a kind of epidemiological hazards of the more serious diseases, its variety, the "law on the prevention and control of infectious diseases" stipulates the management of infectious diseases have a, b, c three categories. Various types of infectious diseases infringe on people's health to varying degrees, affecting the production and life of people in areas where infectious diseases are prevalent, therefore, many countries around the world have legalized the management of infectious disease prevention and control. China in July 1955, approved by the State Council, the Ministry of Health issued the "Measures for the Management of Infectious Diseases", and in 1956 and 1957 have been supplemented. 1989 passed the "Law on the Prevention and Control of Infectious Diseases", and later in 2004 to be re-issued [1]. It summarizes the experience of infectious disease prevention and control over the years, marking the fact that China's prevention and control of infectious diseases have been incorporated into the legal track. It is of great significance in preventing, controlling and eliminating the occurrence and prevalence of infectious diseases, and safeguarding people's health. Violation of the regulations on the prevention and control of infectious diseases not only violates the management system for the prevention and control of infectious diseases, but also can cause the spread of various types of infectious diseases, resulting in a serious risk of infectious disease epidemics. Therefore, it is necessary to crack down on the violation of the regulations on the prevention and control of infectious diseases according to the law. Objective Elements This crime is manifested in the objective aspect as the violation of the provisions of the national infectious disease prevention and control law, causing the spread of Category A infectious diseases or the serious danger of spreading the behavior. This crime is manifested in the following four situations: the supply of drinking water does not comply with the health standards of the water supply unit supply of drinking water does not comply with the national health standards of drinking water is one of the indispensable material information for people's daily life. Drinking water quality is directly related to people's health. Once the drinking water is contaminated by pathogenic microorganisms, it may cause outbreaks and epidemics of different ranges of infectious diseases. Therefore, water supply units to strengthen the water intake, purification, storage, distribution and transmission equipment management, the establishment of effective water discharge, disinfection, cleaning, sewage and maintenance systems and operating procedures to ensure the quality of drinking water, improve the hygiene indicators of drinking water, for the prevention and control of infectious diseases will be crucial. Water supply units, mainly refers to urban and rural waterworks centralized water supply units and factories (farms), mines, enterprises, schools, troops and other self-provided water sources of centralized water supply units. Non-centralized water supply units to supply drinking water, such as villagers digging their own wells to supply drinking water or lakes, rivers and other natural water sources without disinfection treatment and direct access to drinking water does not meet the national health standards, is not part of the provisions of this case. Does not meet the national health standards, including the following two situations: First, the centralized water supply units to supply drinking water does not meet the national "drinking water health standards". Second, the unit's own water source is not approved with the centralized water supply system connected to the town. Measures for the Implementation of the Law on the Prevention and Control of Infectious Diseases, article 9, paragraph 2 of the unit of water supply and urban centralized water supply system connection made restrictive provisions, that is, the unit of water supply, without the approval of the city construction department and the health department of the executive branch, generally may not be connected with the urban centralized water supply system. Therefore, all units of self-supplied water without the approval of the centralized water supply system connected to the town, should also be regarded as the case of this provision. Refusal to disinfect in accordance with the requirements Refusal to disinfect sewage, dirt and feces contaminated with pathogens of infectious diseases in accordance with the sanitary requirements put forward by the sanitary and epidemic prevention agencies In order to prevent and control the occurrence and prevalence of Category A infectious diseases and cut off their transmission channels, the relevant units or individuals must unconditionally disinfect sewage, dirt and feces contaminated with pathogens of infectious diseases in accordance with the sanitary requirements put forward by the sanitary and epidemic prevention agencies. Disinfection. According to Article 73 of the Measures for the Implementation of the Law on Prevention and Control of Infectious Diseases, sanitary and epidemic prevention institutions refer to sanitary and epidemic prevention stations, plague prevention and control stations (institutes), township preventive healthcare stations (institutes), and units with the same specialties as the above-mentioned institutions. Sanitary epidemic prevention institutions enjoy the power to supervise and manage the prevention and control of infectious diseases in accordance with the law, and any unit or person must unconditionally disinfect sewage, dirt and feces contaminated by infectious disease pathogens in accordance with the sanitary standards they propose. Disinfection refers to the use of chemical, physical and biological methods to kill or eliminate pathogenic microorganisms in the environment to achieve harmlessness. The object of disinfection includes all sewage, dirt, and feces contaminated by infectious disease pathogens. For example, the indoor air, floor, walls, articles, and rodents, fleas, rodent fur, etc. in the plague infected area contaminated by plague pathogens; drinking water, dirt, food, feces, articles, etc. contaminated by cholera pathogens. The term "refusal" in this subparagraph should be interpreted in a broad sense, i.e., it includes not only cases where no disinfection treatment is carried out on sewage, dirt and feces contaminated with infectious disease pathogens, but also cases where "disinfection" treatment is carried out formally but in a perfunctory and irresponsible manner, failing to meet the requirements set forth by the health epidemic prevention agency. It also includes cases in which "disinfection" is formally carried out, but in a perfunctory and irresponsible manner that fails to meet the requirements set forth by the sanitary and epidemiological institutions and the disinfection standards stipulated by relevant laws and regulations. Permitting or condoning patients with infectious diseases, carriers of pathogens and patients suspected of having infectious diseases to engage in work that is susceptible to the spread of such infectious diseases as stipulated by the health administrative department of the State Council Infectious disease patients and patients suspected of having infectious diseases refer to patients who meet the diagnostic criteria for infectious diseases under the Chinese People's **** and the State Law on Prevention and Control of Infectious Diseases (Trial) issued by the health administrative department of the State Council, and who are suspected of having infectious diseases and patients suspected of having infectious diseases. A pathogen carrier is a person who is infected with a pathogen without clinical symptoms but is able to excrete the pathogen. Patients with infectious diseases, carriers of pathogens and suspected infectious diseases are important sources of infectious diseases, and they are capable of discharging and spreading pathogenic microorganisms of infectious diseases to the external environment at any time and in any place through various ways, resulting in outbreaks and epidemics of such infectious diseases. Therefore, article 18 of the Measures for the Implementation of the Law on the Prevention and Control of Infectious Diseases explicitly stipulates that patients suffering from infectious diseases such as plague and cholera, or carriers of the pathogen, shall be given the necessary isolation and treatment, and shall not resume work until a health-care organization has certified that they are not infectious. In addition, patients suspected of having bubonic plague or cholera are not allowed to engage in work that is likely to spread nuclear infectious diseases until the suspicion of bubonic plague or cholera has been ruled out. Any violation of the above provisions by the relevant organization or individual shall fall within the scope of the provisions of this subparagraph. The so-called permission refers to the employing, hiring or appointing of a person who is known to be a patient, a carrier or a suspected patient of Category A infectious disease, and who is engaged in work which is prohibited by the health administrative department of the State Council and which is prone to the spread of the infectious disease, or who fails to take measures such as transferring him or her away from his or her work, and tacitly permits him or her to continue to engage in work that is prone to the spread of the infectious disease and which is prohibited by the health administrative department of the State Council. For those who do not know that the person is a sick person, a carrier of the pathogen or a suspected infectious disease patient, it cannot be regarded as "permission". The so-called connivance, is a category A infectious disease patients, carriers or suspected category A infectious disease patient's unit or employer, knowing that the former violation of the provisions of the work easy to make the spread of infectious diseases, not only do not take measures, but also to facilitate the conditions for his or her indulgence, or to allow his or her continued to engage in this work. Permitting or indulging in the selective manner of behavior stipulated in this subparagraph, one of them is the situation stipulated in this subparagraph, which may constitute this crime; if both of them are present at the same time, it is still punishable as a single crime, and no concurrent punishment is imposed. Refusal to carry out preventive and control measures Refusal to carry out preventive and control measures put forward by the sanitary and epidemiological institutions in accordance with the Law on the Prevention and Control of Infectious Diseases This subparagraph is a general provision made in order to make up for the insufficiency of the three specific provisions of the preceding subparagraphs, which is broader in scope, and includes the refusal to carry out all other preventive and control measures put forward by the sanitary and epidemiological institutions in accordance with the Law on the Prevention and Control of Infectious Diseases which have not been dealt with by the above-mentioned subparagraphs. According to the provisions of the relevant laws, the specific manifestations of this situation are as follows: (1) the production, operation and use of disinfectants and disinfecting instruments, sanitary products, sanitary materials, disposable medical equipment, contact lenses, human organs, etc. do not meet the national hygiene standards; (2) patients with Class A infectious diseases, carriers of pathogens or suspected patients with Class A infectious diseases in the cure or exclude the suspicion of infectious diseases before engaging in the easy to engage in the work prohibited by the provisions of the administrative department of health of the State Council. (3) patients with Class A infectious diseases, carriers of pathogens or patients suspected of having Class A infectious diseases refuse to undergo isolation treatment; (4) employers recruiting migrant workers fail to report to the sanitary and epidemiological defense agency and fail to take hygienic measures; (5) keep dogs in violation of the regulations, or refuse to or obstruct the trapping and killing of dogs in violation of the regulations; (6) in the natural source of the epidemic and the possible natural source of the epidemic, or in the place where the epidemic has spread, or in the place where the epidemic is spread, or in the place where the epidemic is spread, or in the place where the epidemic is spread. (6) in the natural source of infection and may be a natural source of infection in the area to build large-scale construction projects without health survey that is carried out construction; (7) units or individuals illegally operating, selling for the prevention of infectious diseases, bacterial vaccines, vaccines and other biological products; (8) engaged in drinking water, catering, plastic surgery, child care and other easy to the spread of infectious diseases of the practitioners, did not obtain the health certificate in accordance with the relevant provisions of the state that is to go to work after employment; (9) selling, transporting, and other health services. (9) Selling, transporting, selling, or transporting fur, old clothes and daily necessities that are contaminated by infectious disease pathogens or that may be contaminated by infectious disease pathogens from infected areas without carrying out the necessary hygienic treatments according to the requirements of the health epidemic prevention institutions; (10) Engaging in beauty care and plastic surgery that may lead to the spread of infectious diseases through blood, without implementing the relevant regulations of the State Council's administrative department of health; (11) Using blood for blood products that are prohibited from being imported by the State Council's administrative department of health blood for blood products; (12) without the quarantine of the department of animal husbandry and medicine, unauthorized transportation of poultry and livestock from infectious disease endemic areas; (13) entering the natural source of the plague to hunt without complying with the relevant provisions of the State; (14) failing to dispose of the body of a patient who died of a Category A infectious disease such as plague, cholera, or any other infectious disease in a manner stipulated by the Law on Prevention and Control of Infectious Diseases. Harmful Result This crime is a dangerous crime, and the necessary constituent element must be the occurrence of a statutory harmful danger, i.e., causing the spread of Class A infectious diseases or a serious danger of spread. Category A infectious diseases, for the time being, include plague and cholera. Causing the spread of category A infectious diseases and the serious danger of causing the spread of category A infectious diseases are the selective constituent elements of the harmful results of this crime. Among them, causing the spread of Class A infectious diseases is the actual harmful result in the theory of criminal law, and its corresponding criminal form is the actual harmful crime; the serious danger of causing the spread of Class A infectious diseases is the dangerous result in the theory of criminal law (specific dangerous result), and its corresponding criminal form is the dangerous crime (specific dangerous crime). In judicial practice, the presence of one of the above two types of harmful results, and at the same time meet the other constitutive features of this crime, can constitute this crime. Subjective element The subject of this crime is the general subject, according to the judicial practice, generally refers to the water supply unit and the relevant authorities, enterprises and institutions, people's organizations and other units of direct responsibility, only they can be directly involved in the water supply, disinfection of pathogenic pollutants, such as disinfection of the specific work of the highly susceptible to the spread of infectious diseases. Subjective Elements This crime manifests itself in the subjective aspect of negligence, that is, the perpetrator is unaware of the result of causing the spread of Class A infectious diseases or the serious danger of their spread. However, the perpetrator's violation of the provisions of the Infectious Disease Control Law is intentional. If the perpetrator is aware of the serious risk of causing the spread or transmission of infectious diseases of category A and still implement the violation of the provisions of the law on the prevention and control of infectious diseases, can not be punished for this crime, but should be endangering the crime of public **** security.