摘要
从中国广东省出现第一例非典型性肺炎的感染病例至今,我们付出的代价是巨大的。血与泪的教训迫使我们回过头去,重新审视过去。我国的政治、经济、法律中存在的弊端也暴露了出来。非典事件中暴露出来的刑法关于“传染病防治失职罪”规定有一定的弊端,从犯罪构成要件客观方面以及对该法条规定的犯罪主体的范围加以分析,希望刑法能够随着国家和社会情况的变化而改善,从而为中国的传染病防治工作提供更坚实的法律依据。
Since the first case of SARS was found in Guangdong province in China ,we Chinese have pain too much in the fight against SARS. The lesson of tears and blood forced us to look back and review the past, and some drawbacks in our political, economic and law systems revealed before us. From three angles, this passage analysed the defect in the article concerning offence of dereliction of duty in prevention of infectious diseases regulated in our criminal law. Based on his analysis of the objective aspect of the crime, the author put forward his suggestion which is different from the scope of the subject of the crime in the law and explained his point of view. To sum up, the author hopes that the criminal law of our country can be bettered with the changes in our society so that it can provide a solid foundation for the cause of prevention of infections diseases in China.
出处
《陕西省行政学院陕西省经济管理干部学院学报》
2004年第2期81-83,共3页
Journal of Shaanxi Administration School and Shaanxi Economic Management School
