（河北医科大学，河北 石家庄 050000）
【关键词】新冠肺炎 传染病防治 渎职犯罪 适用困境 刑法应对
Dilemma and Countermeasures in the Application of the Crime of Dereliction of Duty in the Prevention and Controlling of Infectious Diseases
（Hebei Medical University，Shijiangzhuang 050000 China）
Abstract:The ongoing outbreak of the novel coronavirus pneumonia has made us more deeply aware of the serious harm caused by malfeasance in the prevention and controlling of infectious diseases. However, the legislative provisions of article 409 of the criminal law on the crime of dereliction of duty in the prevention and controlling of infectious diseases clearly have such problems as narrow scope of subjects, single mode of behavior, high threshold for entry into crime and unbalanced allocation of penalty. In order to improve the effectiveness of the prevention and controlling of dereliction of duty by infectious diseases, measures should be taken to expand the scope of the subject, to add more types of behavior, to lower the threshold for entry into the crime, and to allocate the penalty scientifically, so as to improve the ability and level of the standardization of crime and punishment in Article 409 of the criminal law in the prevention and controlling of the malfeasance crime of infectious disease prevention.
Key words: outbreak of novel coronavirus pneumonia; prevention and controlling of the infectious disease; malfeasance crime; dilemma in application ; Countermeasures of the criminal law