Judicial Application and Normative Structure of the Crime of Preventing and Controlling Infectious Diseases From the Perspective of Risk Criminal Law

The amendment to the crime of preventing and controlling infectious diseases in The Amendment (XI) to the Criminal Law of the People’s Republic of China has further improved the constitution of the crime, strengthened the norms of the criminal law, and officially expanded the scope of the conditions for the crime in legislation, making up for the serious deficiency of the criminal law in the face of major epidemic diseases. The legislative changes also suggest interpreter to deal with the specification of the structure to interpret this crime, because of the complexity of the epidemic prevention and control and the necessity of the criminal regulation, should adopt positive socialist concept of criminal law. In the perspective of risk in the criminal law to strengthen the general protection of this crime, in order to effectively prevent and control during the outbreak of all kinds of systemic risk, and avoid emotional justice, which leads to incomplete interpretation of this crime.