传染病防治失职罪研究

本文扼要回顾了我国防治传染病失职罪的立法演变 ,重点探讨了该罪构成特点、罪与非罪和此罪与彼罪的界限以及立法完善问题。文章指出 ,防治传染病失职罪具有侵害客体的单一性、客观行为的失职性、犯罪主体的身份性、主观心态的过失性四个要件特征。同时 ,文章认为有必要对本罪进行立法完善 ,其具体设想就是在法条罪状表述中阐明“过失”主观要件、增设甲类传染病过失危险犯、进一步明确本罪行政犯的构成特征、明确界定本罪主体范围、增设本罪的结果加重犯以及增设剥夺政治权利和罚金作为附加刑

A Research on the Negligence in Epidemic Prevention

The authors describe a legislative concise history of the crime to fail to prevent infectious disease in China, and then focus their attention on the elements of this crime, whether committing the crime or not and distinction between this crime and the relevant crimes. The article points out that the crime to fail to prevent infectious disease has the following four features: a single object of crime, failing to prevent infectious disease in fact, the actors have a special position and the actors have criminal negligence in mind. Besides the above, this article also gives some suggestions about the development of legislation of the crime, namely the authors believe that it is necessary to further clarify the negligence of the crime in Article 409 of Criminal Law, to add dangerous criminal to Article 409 of Criminal Law, to further state the feature of the crime as described in administrative laws, to further expound the scale of subjects of the crime and to add the exaggerated result of crime as Class A of infectious disease as well as deprival of political rights and fine as subsidiary penalty to Article 409 of Criminal Law.