《预防特别危险传染病发生和传播立法》中违反法律责任的辩证性质

A.G. Danilova
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引用次数: 0

摘要

分析了为防止传染病,包括特别危险的传染病的出现和传播而规范公共卫生关系的立法。澄清了“系统”的含义。确立了法律责任具有制度的特点和性质。在系统方法的帮助下,不同类型的责任相互作用的相关性得到证实。人们注意到一种趋势,即扩大受法治支配的社会关系的范围,借用国际法的规则,形成复杂的法律分支。因此,传统的部门型法律责任被赋予了跨部门性质的标志。事实证明,违反关于预防和传播特别危险传染病的立法的责任也具有跨部门的迹象,因为其具体目标是保护公众健康,使其免受特别危险传染病的出现和传播,其规定是由不同类型的责任和犯罪类型支持的,它们共同构成了这种责任的单一、整体体系。区分这种制度的标准已经成为犯罪的对象。强调行政责任和刑事责任之间密切的跨学科联系。研究了理解一般行政和刑事责任的积极和消极方法,以及在特别危险的传染病的发生和传播领域。重点是需要区分“责任”和“惩罚”的概念。提出了赞成对一般法律责任的解释和对这一领域的责任的解释采取广泛办法的论点。重点是需要重新思考法律与强制之间的辩证联系,即需要理解责任不仅是国家的一种控制机制,而且是个人自我控制的一种形式,这种自我控制后来成为他稳定的内心信念。
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The Dialectical Nature of Legal Responsibility for the Violation of Legislation on the Prevention of the Emergence and Spread of Particularly Dangerous Infectious Diseases
Legislation regulating public health relations in the direction of preventing the emergence and spread of infectious diseases, including those that are particularly dangerous, is analysed. The meaning of «system» is clarified. It is established that legal liability has the characteristics and properties of the system. With the help of a systematic approach, the relevance of the interaction of different types of responsibilities is substantiated. Attention is drawn to the tendency to expand the range of social relations governed by the rule of law, borrowing the rules of international law, the formation of complex branches of law. As a result, traditional sectoral types of legal liability are endowed with signs of intersectoral nature. It is proved that the responsibility for violating the legislation on prevention and spread of particularly dangerous infectious diseases is also endowed with signs of intersectoral, as its specific object is to protect public health from the emergence and spread of particularly dangerous infectious diseases and its provision is supported by the presence of different types of liability and types of offenses, which together form a single, holistic system of such liability. The criterion for distinguishing such a system has become the object of an offense. The close interdisciplinary connection between administrative and criminal responsibility is emphasized. Positive and negative approaches to the understanding of administrative and criminal liability in general, as well as in the field of occurrence and spread of particularly dangerous infectious diseases are researched. Emphasis is placed on the need to distinguish between the concepts of «responsibility» and «punishment». Arguments in favour of a broad approach to the interpretation of legal liability in general and to liability in this area are presented. Emphasis is placed on the need to rethink the dialectical connection between law and coercion, namely the need to understand responsibility not only as a control mechanism by the state, but also as a form of self-control of an individual, which later becomes his stable inner conviction.
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