Questions before class
The sudden outbreak not only disturbs the normal life of the public, but also brings challenges to social public management. During epidemic prevention and control, in order to block the spread of the epidemic and reduce the risk of infection, some hotels have become quarantine and observation places. If the government requisitions hotels due to public management needs, how should the rights and interests of the hotel be protected?
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During the epidemic prevention and control period, the person in charge of Hotel A received an "Emergency Requisition Decision" from the government department and was told that due to the needs of epidemic prevention and control, the government will temporarily requisition the hotel as a centralized medical observation point for close contacts in epidemic prevention and control work to block the risk of transmission. The person in charge agreed after receiving the decision and actively cooperated with the work of the government departments. As an isolation observation place, how to protect the rights of Hotel A?
Law link
In accordance with Article 245 of the Civil Code of the People's Republic of China, the real estate or movable property of organizations and individuals can be requisitioned in accordance with the authority and procedures prescribed by the law. After the expropriated real estate or movable property is used, it shall be returned to the expropriated person. Compensation shall be given if the real estate or movable property of an organization or individual is expropriated or damaged or lost after expropriation.
Prosecutor Interpretation of the Law
"Civil Code of the People's Republic of China" Article 245 clearly stipulates that The government can requisition personal and organizational property due to the urgent needs of epidemic prevention and control.
When emergencies such as epidemic prevention and control occur, the government requisitions the real estate or movable property of organizations and individuals in accordance with the law for the needs of public interests, with the purpose of obtaining the right to use, not ownership. The application of
requisition must meet the following conditions:
(1) must be based on emergency needs such as emergency rescue and disaster relief, epidemic prevention and control;
(2) must be requisitioned strictly in accordance with the statutory authority;
(3) must be requisitioned strictly in accordance with the statutory procedures;
(4) fair and reasonable compensation is given to the expropriated person.
In the above cases, the government based on the overall situation of epidemic prevention and control, and requisitioning Hotel A in order to better safeguard the lives and health of the general public is legitimacy and legality. Hotels accept requisitions from government departments in accordance with the law are not only a social responsibility based on public morality, but also an unshirkable legal responsibility.
However, for the losses caused to the hotel by the expropriation behavior, the government should comprehensively consider the needs of the enterprise's development and provide fair and reasonable compensation based on operating costs, actual damages, etc.
Accompanying the epidemic prevention and control work, the Civil Code adds "epidemic prevention and control" to the reasons for requisitioning organizations and individuals' real estate or movable property. These requisition measures taken by the government due to urgent needs have well protected the public interests and the personal rights of citizens.
Moreover, after the emergency disappears, the government will return the property to the expropriated person and compensate the losses suffered by the expropriated person, which fully reflects the respect and protection of the property rights of the organization and individuals.
epidemic prevention and control is related to the safety of people's lives and is related to the stability and tranquility of society. Under the epidemic, we are both a community with a shared future and a community of responsibility. We should actively implement epidemic prevention regulations, fully cooperate with the current epidemic prevention and control work, and jointly build a solid line of defense to protect people's lives and health.
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Comprehensive from: National People's Congress, Beijing Municipal Procuratorate Second Branch, Liujiang Procuratorate
