In order to help the general public fully grasp the possible illegal and irregular behaviors and possible legal consequences in epidemic prevention and control, and promote the efficient implementation of epidemic prevention and control work in accordance with the law, the following 20 illegal and irregular behaviors and possible legal consequences in epidemic prevention and control are specially compiled.
1. What are the consequences of people who are included in the scope of nucleic acid testing without reason?
violates 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 an emergency situation, which is an act of obstructing social management. According to Article 50 of the Public Security Administration Punishment Law, according to different circumstances, warnings, fines, detentions and other public security management penalties may be imposed; if the provisions of the Law on Prevention and Control of Infectious Diseases and refuse to implement the prevention and control measures proposed by the health and epidemic prevention agencies in accordance with the Law on Prevention and Control of Infectious Diseases, and causing the spread of the new coronavirus or there is a serious risk of transmission, the crime of obstructing the prevention and control of infectious diseases shall be convicted and punished according to Article 330 of the "HTML Criminal Law" .
2. What kind of legal responsibilities will you bear when entering and leaving communities, supermarkets, vegetable markets and other relevant places, and refuse to cooperate with health information verification, and refuse to cooperate with identity registration regulations?
This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. According to Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed. If a new coronavirus is spread or there is a serious risk of transmission, it shall be convicted and punished in accordance with Article 330 of the Criminal Law.
3. Will you bear legal responsibility if you don’t wear a mask when you go out?
Residents take public transportation, entrances and other public places such as community gates, and refuse to cooperate with the management personnel to wear masks; or, residents in medium and high-risk areas refuse to cooperate with the management personnel to wear masks when going out, and shall first bear civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. According to Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention of not less than 5 days but not more than 10 days may be imposed, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or detention.
4. What legal responsibilities will residents who block or close communities bear for violating epidemic prevention regulations and going out or gathering without authorization?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If a confirmed patient, pathogen carrier , conceals the condition, conceals the itinerary information, enters public places or public transportation, and deliberately causes the spread of the new coronavirus, it may constitute a crime of endangering public safety by dangerous means.
5. Health code is a yellow or red code. If you do not isolate medical observation or home health test in accordance with regulations, what will happen?
assumes administrative responsibility. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. According to Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention of not less than 5 days but not more than 10 days may be imposed, and a fine of not more than 500 yuan may be imposed.
bears criminal liability. If a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is at a serious risk of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
6. During the epidemic prevention and control period, what responsibilities should residents bear when going out to participate in card games, catering, entertainment and other gatherings in violation of regulations?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
7. What legal liability will be borne if you fail to accept health monitoring and management in accordance with regulations after centralized isolation?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
8. What are the consequences of concealing the condition, concealing the itinerary information (especially travel history in key areas), concealing a history of close contact with confirmed cases or suspected cases?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If a confirmed patient or carrier of a pathogen conceals his condition, conceals his itinerary information, enters public places or public transportation, and deliberately causes the spread of the new coronavirus, it may constitute a crime of endangering public safety by dangerous means.
9. What responsibilities should residents and enterprises bear if they do not cooperate with the disinfection work related to epidemic prevention and control?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If an organization commits the crime, it shall be sentenced to a fine on the unit, and the directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph.
If a state organ staff (including those engaged in public affairs for epidemic prevention and control in state organs) through violence and threats, they shall be convicted and punished in accordance with Article 277 of the Criminal Law.
10. What will happen if people with symptoms such as fever, dry cough, fatigue, loss of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis , myalgia and diarrhea fail to seek medical treatment in the fever clinic in accordance with the epidemic prevention and control requirements?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If a confirmed patient or carrier of a pathogen conceals his condition, conceals his itinerary information, enters public places or public transportation, and deliberately causes the spread of the new coronavirus, it may constitute a crime of endangering public safety by dangerous means.
11. What responsibilities should we bear if we refuse to cooperate with the epidemic epidemiological investigation of the epidemic carried out by the disease control and public security departments?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
If a state organ staff (including those engaged in public affairs for epidemic prevention and control in state organs) through violence and threats, they shall be convicted and punished in accordance with Article 277 of the Criminal Law.
12. What legal responsibilities will be borne during the epidemic, malicious hoarding, price gouging, and huge profits?
is handed over to the market supervision and management department for administrative penalties.
13. Do you have to bear legal responsibility for violating epidemic prevention and control regulations and throwing masks, protective clothing and other medical protective supplies?
If the littered masks, protective clothing and other medical protective supplies are waste, toxic substances or other harmful substances containing infectious disease pathogens and seriously pollute the environment, they shall be convicted and punished in accordance with Article 338 of the Criminal Law.
If a pathogen of COVID-19 is deliberately spreading and endangering public safety, he shall be convicted and punished in accordance with Articles 114 and 115 of the Criminal Law for endangering public safety by dangerous means.
14. Will vehicles and personnel who have passed through the epidemic prevention and control checkpoints and refuse to cooperate with or accept inspections by checkpoint staff by other methods?
suspected of violating the Public Security Administration Punishment Law, and according to Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan will be imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
15. During the epidemic prevention and control period, what legal responsibilities will be borne in the family residence to set up tutoring classes, chess and card stalls, and mahjong rooms, and illegally sell cold and fever drugs, etc.?
first assumes civil liability. According to Article 77 of the Law on Prevention and Control of Infectious Diseases, if an organization and individual violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and causes damage to others' personal and property, they shall bear civil liability in accordance with the law.
Secondly assumes administrative responsibilities. This is an act of refusing to implement the decisions and orders issued by the people's government in an emergency situation and is an act of hindering social management. In accordance with Article 50 of the Public Security Administration Punishment Law, a warning or a fine of not less than 200 yuan is imposed; if the circumstances are serious, a detention shall be imposed for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed.
Finally, if a health and epidemic prevention agency violates the provisions of the Law on 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 Prevention and Control of Infectious Diseases, and causes the spread of the new coronavirus or is in serious danger of transmission, he shall be convicted and punished in accordance with Article 330 of the Criminal Law. If the consequences are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
16. During the prevention and control of the new coronavirus pneumonia epidemic, what legal responsibilities will the government's health administrative department health administrative department serious irresponsible and cause the spread or epidemic of new coronavirus pneumonia ?
According to the "Law on the Prevention and Control of Infectious Diseases", the responsible supervisors and other directly responsible persons shall be subject to administrative sanctions in accordance with the law. If the circumstances are serious and constitute a crime, criminal liability for the crime of dereliction of duty in the prevention and control of infectious diseases shall be pursued in accordance with the law.
17. Will any legal responsibility be borne by producing medical equipment such as medical masks , goggles, protective clothing, etc. that do not meet the national standards and industry standards that protect human health?
is subject to administrative penalties by the market supervision and administration department. If the circumstances are serious, it may be suspected of violating the provisions of Article 145 of the Criminal Law. The crime of producing and selling medical equipment that does not meet the standards will be convicted and punished more severely according to law.
18. During the epidemic prevention and control period, what legal responsibilities will be borne if false epidemic information is fabricated and distributed on public places such as the Internet, or if it knows that false information is still helpful to spread and disseminate it?
According to Article 65 of the Emergency Response Law, a person will be ordered to correct the situation and give 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, detention will be imposed 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 minor, detention will be imposed for not more than five days or a fine of not more than five hundred yuan. Those who seriously disrupt social order shall be convicted and punished in accordance with Article 291 of the Criminal Law for the crime of fabricating or intentional dissemination of false information.
19. What legal liability will be borne forged a negative nucleic acid test certificate and evade normal examination?
If a counterfeiter is healthy and just holds a forged nucleic acid test report certificate, he may face public security management punishment or other administrative penalties; but if there are multiple requests for others to forge nucleic acid test certificates, violate epidemic prevention and control policies, evade normal examinations, and if the final test proves that he is a confirmed patient or a carrier of the pathogen, causing the spread of the epidemic or is seriously dangerous to spread, endangering public safety, he may be convicted and punished as a crime of endangering public safety by dangerous methods.
20. During the epidemic, what principles should administrative agencies adopt for punishing acts that violate emergency response measures?
Article 49 of the Administrative Penalty Law stipulates that in the event of major infectious disease epidemics and other emergencies, in order to control, reduce and eliminate the social harm caused by emergencies, administrative agencies shall promptly and severely punish acts that violate the response measures for emergencies in accordance with the law.
Editor: Liu Di
Producer: Bao Zhen
Director-General Producer: Zhang Fuwang
Source: Southern+, Huidong Release
