疫情防控中妨害公务罪的法教义学解析

为了个人自由而抗拒防疫管控,是对国家公务活动正常秩序的公然侵犯,具有法益侵害性。对于妨害公务罪之"暴力、威胁",应结合其侵害法益、实务经验予以合理界定。参与疫情管控的基层工作人员能否作为妨害公务罪之对象,需根据司法解释的规定,紧扣从事疫情防控职权之公务性质深入分析。以暴力、威胁方法抗拒不当防疫措施的,因防疫执法之合法性丧失,不构成妨害公务罪。行为人对防疫执法行为合法性的认识错误,属于对构成要件的事实认识错误,阻却犯罪故意的成立。

Analysis on the Application of the Crime of Obstructing Official Duties in the Process of Preventing and Controlling the COVID-19

Resisting epidemic prevention and control measures for the sake of personal freedom is a flagrant violation of the normal order of the country’s official activities, and it is a violation of legal interests. The "violence and threat" of the crime of obstructing official duties should be reasonably defined in light of the violation of legal interests and practical experience. Whether grass-roots staff involved in epidemic control can be identified as the object of the crime of obstructing official duties requires an in-depth analysis of the nature of official duties in accordance with judicial interpretations. Those who use violence or threats to resist improper epidemic prevention measures shall not constitute a crime of obstructing official duties because of the loss of the legitimacy of epidemic prevention law enforcement. The perpetrator’s misunderstanding of the legality of the anti-epidemic law enforcement action is a misunderstanding of the facts that constitute the essential elements and prevents the establishment of a criminal intention.