Q&a on laws and regulations related to epidemic prevention and control

Source：Network reprint Release time：2022-03-30

Q: What are the obligations of organizations and individuals in epidemic prevention and control?

Answer: "The law on the Prevention and Treatment of Infectious Diseases" stipulates in article 12: "All units and individuals within the territory of the People's Republic of China must accept the prevention and control measures such as the investigation, examination, collection of samples and isolation treatment of infectious diseases by disease prevention and control institutions and medical institutions, and truthfully provide relevant information. Disease prevention and control institutions and medical institutions shall not disclose information or materials that involve personal privacy." Article 31 of the Law on the Prevention and Treatment of Infectious Diseases stipulates: "Any unit or individual that discovers an infectious disease patient or a suspected infectious disease patient shall promptly report to the nearby disease prevention and control institution or medical institution."

Article 54 of the Emergency Response Law stipulates: "No unit or individual shall fabricate or disseminate false information about the development of emergencies or emergency response work."

Article 56 of the Emergency Response Law provides that: "Damage from natural disasters or accidents disasters, public health events of unit, the unit shall immediately organize the emergency rescue team and staff to rescue victims, personnel evacuation, evacuation, resettlement threatened, control hazards, indicating the danger zone, blockade for the dangerous sites, and take other necessary measures to avoid greater harm, Report to the local people's government at the county level; ... Other units in the place where an emergency occurs shall obey the decisions and orders issued by the people's government, cooperate with the emergency response measures taken by the people's government, do a good job in the emergency rescue work of their own units, and actively organize personnel to participate in the emergency rescue and response work in the place where the emergency occurs."

Article 57 of the Emergency Response Law stipulates: "Citizens in places where an emergency occurs shall obey the command and arrangement of the people's government, the residents' committee, the villagers' committee or their subordinate units, cooperate with the emergency response measures taken by the people's government, take an active part in emergency rescue work and assist in maintaining social order."

Q: What are the legal consequences if residents do not cooperate with the epidemiological investigation?

Answer: 1. Civil liability. In accordance with Article 77 of the Law on the Prevention and Treatment of Infectious Diseases, if a unit or individual violates the provisions of this Law and causes the spread or epidemic of an infectious disease, causing damage to the person or property of others, it shall bear civil liabilities according to law. Article 67 of the Emergency Response Law stipulates that "any unit or individual who violates the provisions of this Law and leads to the occurrence of an emergency or the expansion of harm, causing damage to the person or property of others, shall bear civil liability according to law."

2. Administrative responsibilities. This is the act of refusing to implement the decisions and orders issued by the people's government according to law under the state of emergency, which is an act endangering social administration and shall be punished by the public security organ with a warning or a fine of not more than 200 yuan in accordance with the provisions of Article 50 of the Law on Penalties for Administration of Public Security; If the circumstances are serious, he shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than 500 yuan.

3. Criminal responsibility. Those who, in violation of the provisions of the Law on the Prevention and Control of Infectious Diseases, refuse to implement the prevention and control measures proposed by the health and anti-epidemic agencies in accordance with the Law on the Prevention and control of Infectious Diseases, causing the transmission of novel Coronavirus or posing a serious danger of transmission of coronavirus shall be convicted and punished according to Article 330 of the Criminal Law of the People's Republic of China for interfering with the prevention and control of Infectious Diseases. To be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Whoever, by means of violence or threat, obstructs personnel of state organs (including those engaged in official duties of epidemic prevention and control in state organs) from carrying out epidemic investigation according to law may be convicted and punished according to Article 277 of the Criminal Law for the crime of obstructing official duties.

Q: If residents do not cooperate with quarantine measures, what measures can the administrative authorities take according to law?

Answer: 1. Residents who violate relevant quarantine and prevention measures can be assisted by public security organs to take compulsory quarantine and treatment measures by medical institutions.

Article 39 of the Law on the Prevention and Treatment of Infectious Diseases stipulates: "When medical institutions discover a Class infectious diseases, they shall promptly take the following measures: (1) Isolate patients and pathogen carriers for treatment, and the period of isolation shall be determined according to the results of medical examination; (2) Suspected patients shall be isolated in designated places for treatment before diagnosis; (3) Patients, pathogen carriers and close contacts of suspected patients in medical institutions shall be placed under medical observation in designated places and other necessary preventive measures shall be taken.

Those who refuse isolation treatment or leave isolation treatment without authorization before the period of isolation has expired may be assisted by public security organs to take compulsory isolation treatment measures by medical institutions."

Article 44 of the Regulations on Emergency Response to Public Health Emergencies stipulates: "Patients, suspected patients and close contacts of infectious disease patients who need to be isolated for treatment or under medical observation in an emergency shall cooperate with the competent health authorities or relevant institutions when taking medical measures; Those who refuse to cooperate shall be assisted by the public security organ in enforcing the law."

2. Administrative punishment of warning, fine and administrative detention shall be taken.

According to article 50 of the Public Security Administration Punishment Law, "those who have one of the following behaviors shall be given a warning or fined less than 200 yuan; (1) refusing to implement the decisions and orders issued according to law by the people's government under the state of emergency; (2) obstructing functionaries of state organs from performing their duties according to law ".

Residents who go out without authorization in violation of the government's decision or order on epidemic prevention and control, or forcibly obstruct the implementation of relevant prevention and control measures by government personnel, may be subject to administrative punishment such as warning, fine or administrative detention depending on the seriousness of the case.

3. Whoever obstructs functionaries of state organs from taking quarantine and prevention measures by means of violence may, according to Article 277 of the Criminal Law: "Whoever obstructs functionaries of state organs from performing their duties according to law by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fined." Any person who, during the period of home quarantine, leaves the controlled area without authorization and interferes with the prevention and control, quarantine and isolation measures taken by state personnel according to law by means of violence or threat may be investigated for criminal responsibility for the crime of obstructing official duties in accordance with the provisions of Article 277 of the Criminal Law.

Q: What are the legal consequences for residents of the containment and closed communities who violate the epidemic prevention regulations by going out and gathering without authorization?

2. Administrative responsibilities. This is the act of refusing to implement the decisions and orders issued by the people's government according to law under the state of emergency, which is an act endangering social administration and shall be punished with a warning or a fine of not more than 200 yuan in accordance with Article 50 of the Law on Penalties for Administration of Public Security; If the circumstances are serious, he shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than 500 yuan.

3. Criminal responsibility. Those who, in violation of the Provisions of the Law on the Prevention and Control of Infectious Diseases, refuse to implement the prevention and control measures put forward by the health and epidemic prevention agencies in accordance with the Law on the Prevention and control of Infectious Diseases, causing the transmission of novel Coronavirus or serious danger of transmission of coronavirus shall be convicted and punished in accordance with Article 330 of the Criminal Law of the People's Republic of China for interfering with the prevention and control of Infectious Diseases. To be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Those confirmed patients or pathogen carriers who enter public places or public transport with concealed illness or travel information and deliberately cause the transmission of the Novel Coronavirus may constitute a crime of endangering public security by a dangerous means.

Q: What are the legal consequences of throwing away medical protective equipment, such as masks and protective suits, in violation of epidemic prevention and control regulations?

2. Criminal responsibility. According to Article 338 of the Criminal Law of the People's Republic of China, those who, in violation of the provisions on epidemic prevention and control of the Law on the Prevention and control of Infectious Diseases and other provisions on epidemic prevention and control of the Law on the Prevention and control of Infectious Diseases, dispose of medical protective articles, equipment, medical wastes and other toxic and harmful substances containing novel Coronavirus pathogens at will, thus seriously polluting the environment, may be suspected of the crime of environmental pollution.

Those who intentionally release the pathogen of COVID-19 and seriously endanger public security, causing serious injury or death to people or causing heavy losses to public or private property, may be suspected of violating Articles 114 and 115 of the Criminal Law, constituting the crime of endangering public security by dangerous means.

Q: What are the legal consequences for residents who fabricate or deliberately spread false information about the epidemic?

Answer: 1. Administrative responsibility. Article 25 of the Law on Penalties for Administration of Public Security stipulates: "Anyone who commits any of the following acts shall be detained for not less than five days but not more than 10 days and may be fined not more than 500 yuan; (1) deliberately disturbing public order by spreading rumors, making false reports about dangerous situations, epidemic situations or police situations, or by other means; ..."

Article 65 of the Emergency Response Law stipulates: "Those who, in violation of the provisions of this Law, fabricate and disseminate false information about the development of emergency situations or emergency response work, or knowingly disseminate false information about the development of emergency situations or emergency response work, shall be ordered to correct and given a warning; If serious consequences are caused, its business activities shall be suspended or its practice license revoked according to law; If the person directly responsible is a state functionary, he shall also be punished according to law; Those who violate the administration of public security shall be punished by the public security organ according to law."

2. Criminal responsibility. "Criminal law" the two hundred and ninety-first of a second paragraph: "the fabricate of danger, plagues, disasters, alert, spread on information networks or other media, or knowing is the false information, intentionally spread in information networks or other media, seriously disturbing social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years."

Q7: What are the legal consequences of residents and enterprises refusing to cooperate in carrying out disinfection work related to epidemic prevention and control but failing to dissuade them?

2. Administrative responsibilities. Suspected of violating Article 50 of the Law on Penalties for Public Security Administration, to be given a warning or fined not more than 200 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than 500 yuan.

3. Criminal responsibility. Those causing the transmission of novel Coronavirus or serious danger of transmission of coronavirus may be suspected of violating Article 330 of the Criminal Law, constituting the crime of impairing the prevention and control of infectious diseases. Anyone who obstructs, by means of violence or threat, personnel of state organs (including those engaged in epidemic prevention and control work in state organs) from carrying out epidemic investigation according to law may be suspected of violating Article 277 of the Criminal Law and constituting the crime of obstructing official duties.

Q: What are the legal consequences of people included in nucleic acid testing who do not participate in the unified nucleic acid testing without reason?

Answer: 1. Administrative responsibility. The above acts are suspected of violating the legal obligations stipulated in Article 12 of the Law on the Prevention and Treatment of Infectious Diseases. This is an act of refusing to carry out the decisions and orders issued by the people's government in accordance with the law under the state of emergency, which is an act endangering social administration. According to the provisions of Article 50 of the Law on Penalties for Administration of Public Security, public security administration punishments such as warning, fine or detention may be imposed according to different circumstances.

2. Criminal responsibility. Those who, in violation of the provisions of the Law on the Prevention and control of Infectious Diseases, refuse to implement the prevention and control measures put forward by the health and anti-epidemic agencies in accordance with the Law on the Prevention and control of Infectious Diseases, causing the transmission of novel Coronavirus or serious danger of transmission of coronavirus, shall be convicted and punished according to Article 330 of the Criminal Law of the People's Republic of China for interfering with the prevention and control of Infectious Diseases.

Q: What are the legal consequences for those who refuse to comply with health information verification or identity registration requirements when entering or leaving relevant public places on public transport and refuse to comply with management's advice to wear masks?

Answer: 1. Administrative responsibility. The above acts are suspected of violating Article 23 of the Law on Penalties for Public Security Administration, and shall be punished with warning or a fine of not more than 200 YUAN; If the circumstances are relatively serious, he shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than 500 yuan.

2. Criminal responsibility. Those causing the transmission of novel Coronavirus or serious danger of transmission of coronavirus may be suspected of violating Article 330 of the Criminal Law, constituting the crime of impairing the prevention and control of infectious diseases.

Q: What are the legal consequences for people with yellow or red health codes who do not follow the regulations for home health monitoring or centralized quarantine?

Answer: 1. Administrative responsibility. Suspected of violating Article 50 of the Law on Penalties for Public Security Administration, to be given a warning or fined not more than 200 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than 500 yuan.

Q: During the epidemic prevention and control period, what are the legal consequences for residents who participate in gathering activities such as playing cards, dining and entertainment in violation of regulations but fail to be dissuaded?

2. Criminal responsibility. Those causing the transmission of Novel Coronavirus or serious danger of transmission of coronavirus may be suspected of violating Article 330 of the Criminal Law, constituting the crime of impairing the prevention and control of infectious diseases; Those confirmed patients or pathogen carriers who conceal their illness, conceal their travel information, enter public places or take public transport and cause the transmission of novel coronavirus may be suspected of violating Articles 114 and 115 of the Criminal Law, constituting the crime of endangering public security by dangerous means.

Q: During the epidemic prevention and control period, what are the legal consequences of opening counseling classes, chess and card stalls, mahjong rooms, and selling cold and fever medicines in violation of regulations in family homes?

Q: What are the legal consequences for those who fail to accept health monitoring and management in accordance with regulations after the end of the centralized quarantine and fail to accept dissuasion?

Q: What are the legal consequences of concealing illness, travel information (especially travel and residence history in key areas), or close contact with confirmed or suspected cases?

2. Criminal responsibility. Causing transmission of the Novel Coronavirus or a serious risk of transmission of the Coronavirus may be in violation of Criminal Code 300