Source: [Yangling Rong Media Center]
Just now, the Yangling Demonstration Zone ( Yangling District ) leading group for responding to the new coronavirus infection pneumonia epidemic issued the "Notice on Carrying out the Third Round of Regional Nucleic Acid Testing and Screening." The full text of the "Notice" is as follows:
![Source: [Yanglingrong Media Center] Just now, the Yangling Demonstration Zone (Yangling District) leading group for responding to the new coronavirus infection pneumonia epidemic issued the](https://cdn-dd.lujuba.top/img/loading.gif)
@everyone
It is illegal to not participate in the nucleic acid test organized by the unified organization without reason
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In order to help the general public fully understand the possible illegal behaviors and possible legal consequences in epidemic prevention and control, and promote the efficient implementation of epidemic prevention and control work in accordance with laws and regulations, the Shaanxi Provincial Health Commission organized experts to compile the following 20 types of epidemic prevention measures. A clear sheet of laws and regulations and possible legal consequences.
Article 12 of the "Law on the Prevention and Control of Infectious Diseases" stipulates: "All units and individuals within the field of the People's Republic of China must accept investigation, inspection, and collection of infectious diseases by disease prevention and control agencies and medical institutions. Therefore, each citizen should truthfully report travel history, residence history, temperature testing, symptoms, etc. in accordance with the law, and perform home quarantine, medical observation and other statutory requirements. obligations and consciously participate in epidemic prevention and control work. If the following violations occur, you will bear the corresponding legal consequences .
01 What will be the consequences for people who are included in the scope of nucleic acid testing and do not participate in the nucleic acid testing organized by the unified organization without any reason?
violated the legal obligations stipulated in Article 12 of the "Infectious Disease Prevention and Control Law". This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", depending on the circumstances, warnings, fines, detention, etc. public security management penalties ; violation of public order According to the provisions of the Infectious Disease Prevention and Control Law, those who refuse to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, causing the spread of the new coronavirus or posing a serious risk of spread, will be punished according to Article 330 of the Criminal Law of the People's Republic of China. Disease prevention and treatment crime conviction and punishment.
02 What kind of legal liability will you bear if you refuse to cooperate with health information verification or identity registration regulations when entering or leaving relevant places such as residential communities, supermarkets, markets, etc.?
This is the act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during the state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. fine; if the circumstances are serious, he or she shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan. Those who cause the spread of the new coronavirus or pose a serious risk of spread will be convicted and punished according to Article 330 of the Criminal Law for the crime of obstructing the prevention and control of infectious diseases.
03 If I go out without wearing a mask, will I bear legal responsibility?
Residents who refuse to cooperate with managers’ advice to wear masks when taking public transportation or entering or exiting community gates and other public places; or residents in medium- and high-risk areas who go out and refuse to cooperate with managers’ advice not to wear masks when going out will first bear civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan shall be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
04 What kind of legal liability will residents of sealed or enclosed communities bear if they violate epidemic prevention regulations and go out or gather without permission?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Confirmed patients and pathogen carriers who conceal their condition, conceal their itinerary information, enter public places or public transportation, and intentionally cause the spread of the new coronavirus may constitute the crime of endangering public safety in dangerous ways.
05 If a person with a yellow or red health code does not undergo isolation medical observation or home health testing in accordance with regulations, what will be the consequences?
assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan shall be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
bears criminal responsibility. Anyone who violates the provisions of the Law on the Prevention and Control of Infectious Diseases and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Law on the Prevention and Control of Infectious Diseases, thereby causing the spread of the new coronavirus or posing a serious risk of its spread, shall be deemed as obstructing infectious diseases according to Article 330 of the Criminal Law. Conviction and punishment of prevention crimes. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
06 During the epidemic prevention and control period, what responsibilities should residents bear if they violate regulations and go out to participate in gathering activities such as playing cards, dining, and entertainment?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
07 After the centralized quarantine is over, what kind of legal liability will be incurred if someone does not accept health monitoring and management in accordance with regulations?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility.This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
08 What are the consequences of concealing illness, concealing travel information (especially travel history in key areas), concealing close contact history with confirmed cases or suspected cases?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If confirmed patients or pathogen carriers conceal their condition, conceal their itinerary information, enter public places or public transportation, and intentionally cause the spread of the new coronavirus, they may constitute a crime of endangering public safety in dangerous ways.
09 What responsibilities should residents and businesses bear if they do not cooperate in carrying out disinfection work related to epidemic prevention and control?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If a unit commits this crime, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Anyone who uses violence or threats to obstruct state agency staff (including those engaged in official duties of epidemic prevention and control in state agencies) from carrying out epidemic investigations in accordance with the law shall be convicted and punished according to Article 277 of the Criminal Law for the crime of obstructing official duties.
10 What will be the consequences for people who have symptoms such as fever, dry cough, fatigue, loss of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis , myalgia and diarrhea, etc., and do not follow the epidemic prevention and control requirements and go to fever clinics for medical treatment? ?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If confirmed patients or pathogen carriers conceal their condition, conceal their itinerary information, enter public places or public transportation, and intentionally cause the spread of the new coronavirus, they may constitute a crime of endangering public safety in dangerous ways.
11 What responsibilities should one bear if they refuse to cooperate with the epidemic epidemiological investigation carried out by the disease control and public security departments?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Anyone who uses violence or threats to obstruct state agency staff (including those engaged in official duties of epidemic prevention and control in state agencies) from carrying out epidemic investigations in accordance with the law shall be convicted and punished according to Article 277 of the Criminal Law for the crime of obstructing official duties.
12 During the epidemic, what kind of legal liability will one bear for malicious hoarding, price gouging, and profiteering?
Anyone who violates the state's regulations on market operations and price management during the prevention and control of sudden infectious disease epidemics and other disasters, drives up prices, makes huge profits, seriously disrupts market order, has a large amount of illegal income or has other serious circumstances shall be punished according to the highest level of The People's Court , Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases that Impede the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters" stipulates that illegal business crimes can be convicted. If the circumstances are particularly serious, the offender may be sentenced to fixed-term imprisonment of not less than five years, and a fine of not less than one time but not more than five times the illegal income, or property confiscation.
operators have fabricated and spread price increase information, hoarded goods, bid up prices and other illegal activities. According to the " Price Law of the People's Republic of China ", "Emergency Response Law of the People's Republic of China" and " Administrative Punishment Provisions for Price Violations " It stipulates that the offender shall be dealt with quickly and severely. If the circumstances are serious, the illegal income may be confiscated and a fine of not less than RMB 500,000 but not more than RMB 3 million shall be imposed.
13 If you violate epidemic prevention and control regulations and litter masks, protective clothing and other medical protective equipment, will you bear legal responsibility?
If the littered masks, protective clothing and other medical protective equipment contain waste, toxic substances or other harmful substances containing infectious disease pathogens and seriously pollute the environment, they will be convicted according to Article 338 of the Criminal LawEnvironmental pollution crime punishment.
Anyone who intentionally spreads the COVID-19 pathogen and endangers public safety will be convicted and punished for the crime of endangering public safety by dangerous means in accordance with Articles 114 and 115 of the Criminal Law.
14 If vehicles and people passing through checkpoints for epidemic prevention and control refuse to cooperate and accept inspection by checkpoint staff by punching cards or other means, will they bear legal responsibility?
is suspected of violating the "Public Security Management Punishment Law". According to the provisions of Article 50 of the "Public Security Management Punishment Law", he will be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, he will be detained for not less than five days but not more than ten days, and may also be fined five days. A fine of less than 100 yuan is imposed.
15 During the epidemic prevention and control period, what kind of legal liability will you bear if you open tutoring classes, chess and card stalls, mahjong rooms, and illegally sell cold and fever medicines in family residences?
first bears civil liability. According to Article 77 of the "Law on the Prevention and Control of Infectious Diseases", units and individuals who violate the provisions of this law, cause the spread and prevalence of infectious diseases, and cause damage to others' personal lives and property, shall bear civil liability in accordance with the law.
secondly assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in accordance with the law during a state of emergency. It is an act that impedes social management. According to the provisions of Article 50 of the "Public Security Management Punishment Law", a warning or a fine of not more than 200 yuan will be imposed. ; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
Finally, anyone who violates the provisions of the Infectious Disease Prevention and Control Law and refuses to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law, thereby causing the spread of the new coronavirus or posing a serious risk of spread, shall be subject to Article 330 of the Criminal Law. Convicted and punished for the crime of obstructing the prevention and control of infectious diseases. The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
16 During the period of prevention and control of the new coronavirus pneumonia epidemic, if the staff of the government health administrative department engaged in the prevention and control of infectious diseases are seriously irresponsible and cause the spread or epidemic of new coronavirus pneumonia, what kind of legal liability will they bear? ?
According to the "Law on the Prevention and Control of Infectious Diseases", the responsible person in charge and other directly responsible personnel will be given administrative sanctions in accordance with the law. If the circumstances are serious enough to constitute a crime, criminal liability such as dereliction of duty in preventing and controlling infectious diseases will be investigated in accordance with the law.
17 Will those who produce medical masks , goggles, protective clothing and other medical equipment that do not meet national standards and industry standards for protecting human health bear any legal liability?
will be subject to administrative penalties by the market supervision and management department. If the circumstances are serious, they may be suspected of violating Article 145 of the Criminal Law and will be convicted of producing and selling substandard medical equipment and severely punished in accordance with the law.
18 During the epidemic prevention and control period, what legal liability will be incurred if someone fabricates false epidemic information and spreads it in public places such as the Internet, or if he knows it is false information and still helps spread it?
According to Article 65 of the "Emergency Response Law", the company will be ordered to make corrections and given a warning; if serious consequences are caused, business activities will be suspended or the practice license will be revoked in accordance with the law. According to Article 25 of the "Public Security Administration Punishment Law", a person will be detained for not less than five days but not more than ten days, and may be fined not more than five hundred yuan; if the circumstances are relatively minor, he will be detained for not more than five days or fined not more than five hundred yuan. Those who seriously disrupt social order will be convicted and punished for the crime of fabricating and deliberately spreading false information according to Article 291 of the Criminal Law.
19 If you forge a negative nucleic acid test certificate and avoid normal inspection, what legal liability will you bear?
If the counterfeiter is healthy and only holds a forged nucleic acid test report certificate, he may face public security management penalties or other administrative penalties; but if he repeatedly asks others to forge nucleic acid test certificates, violates epidemic prevention and control policies, and evades normal inspections, And if the final test proves that he is a confirmed patient or pathogen carrier, causing the spread of the epidemic or having a serious risk of spread, endangering public safety, he may be convicted and punished for the crime of endangering public safety by dangerous methods.
20 During the epidemic, what principles do administrative agencies adopt to punish violations of emergency response measures?
Article 49 of the "Administrative Punishment Law" stipulates that when emergencies such as major infectious disease epidemics occur, in order to control, reduce and eliminate social harm caused by emergencies, administrative agencies shall punish violations of emergency response measures in accordance with the law. Punish quickly and severely.
Comprehensive report
Editor: Zhao Taozi
This article comes from [Yang Lingrong Media Center] and represents only the author's opinion. The National Party Media Information Public Platform provides information release and dissemination services.
ID: jrtt
