Fujian Agriculture and Forestry University
From an objective point of view, the Criminal Law Amendment (11) has been amended to the crime of obstructing the prevention and control of infectious diseases, and clearly determines that infectious diseases that take measures to prevent and control Class A infectious diseases can also constitute the crime. In the special period of the outbreak of the COVID-19, the crime of impeding the prevention and control of infectious diseases has been reactivated. The amendment of Article 330 of the Criminal Law has its legitimate basis and the urgent need of reality, which is more conducive to regulating the behavior of impeding the control of the COVID-19 and effectively punishing and preventing crimes.From the subjective aspect of the crime, the crime should be defined as intentional crime, which can be inferred from the definition of negligence in the general provisions of the criminal law and the description of the crime. The determination of the crime of hindering the prevention and control of infectious diseases can be distinguished from the crime of endangering public security by dangerous means from the four components of the crime. For the punishment of this crime, we should consider that the actual harm result and specific danger can be applied to the same statutory punishment, and in the current epidemic situation can be severely punished.