□Wang Yifei (Chongqing University)
htmlOn August 28, three men in Shanghai were administratively detained by the public security organs in accordance with the law for disrupting the order of nucleic acid testing. After investigation, Ma Moulin (male, 22 years old) posted information on paid nucleic acid testing online on August 24. Zhuo Mousong (male, 40 years old) and Wang Mousong (male, 24 years old) privately sent personal information to Ma Moulin on August 25, and the staff discovered it by him for testing at the nucleic acid collection point. At present, all three have been administratively detained by the Fengxian Public Security Bureau in accordance with the law. (Poster News on August 28)In fact, looking at the year of normalized epidemic prevention and control, such cases are not the first. When the author searched for the keyword "nucleic acid test" on the search engine, many related news cases popped up: On March 15, 2022, a man in Tianjin said that he could perform nucleic acid tests on his behalf and was administratively detained by the public security organs; in May 2022, a student from Zhengzhou University was diagnosed with the new crown after going out without authorization. During the process, he did not scan the code to enter and exit the hotel, deliberately concealed the activity trajectory, and was filed. The student also asked his roommate to perform nucleic acid tests on his behalf; on June 9, 2022, four people in Shanghai were administratively punished by the police for disrupting the order of nucleic acid testing... The emergence of this chaos of nucleic acid tests is a neglect of public health and a contempt for the national epidemic prevention policy.
From a social perspective, using someone else's identity to conduct nucleic acid testing is not only a challenge to the lives, health and safety of the general public, but also a great hidden danger to the spread of the epidemic; it is also disrupting the order of epidemic prevention and control and hindering the smooth implementation of national epidemic prevention policies. From a legal perspective, providing your identity information to others and others conducting nucleic acid testing on their behalf violates the "Law of the People's Republic of China on the Prevention and Control of Infectious Diseases". "Any act of concealing, delaying reporting, lying, or instructing others to conceal, delaying reporting, or lying is a refusal to cooperate with relevant departments to carry out epidemiological investigations on the epidemic, which is an act of violating legal obligations and hindering social management order." For those who do it on behalf of others, it violates the act of "refusing to implement the prevention and control measures proposed by people's governments at or above the county level and disease prevention and control agencies in accordance with the Infectious Disease Prevention and Control Law" as stipulated in paragraph 1, item 5 of the Criminal Law. If the spread of the new coronavirus is caused on this basis or there is a serious risk of transmission, it constitutes the crime of obstructing the prevention and control of infectious diseases and requires criminal liability.
With the continuous development of the epidemic prevention and control situation, normalized nucleic acid testing has become one of the important means of epidemic prevention and control. People entering public places and taking public transportation with their health codes, place codes and nucleic acid testing certificates is not only a guarantee of their own safety, but also a responsibility for the safety of others. Being emotional and reason has become an indispensable part of our lives. But why do some people always want others to replace themselves, and why do some people have the wrong idea of helping others test nucleic acid for a paid one?
The author believes that the public's weak legal awareness and the detection procedures loopholes are the main reasons for such cases. Therefore, the joint efforts of the state, institutions and the people are the fundamental solution. From the national level, we should strengthen the punishment, reduce it through legal constraints, and even avoid the emergence of chaos in testing; from the perspective of testing institutions, we should improve the level of scientific and technological innovation and develop more scientific and rigorous testing methods, such as introducing a detection system for facial recognition, turning "scan code detection" into "face scanning detection", and at the same time judging the accuracy of the detection results through various technical means; for the public, we should improve our legal awareness, learn, know, abide by and use the law, and resolutely resist nucleic acid testing.
nucleic acid testing is an important means to prevent the spread of the epidemic, and its role requires the cooperation of each of us. For the sake of our own and others' physical health and to consolidate the hard-won epidemic prevention and control results, we should all refuse nucleic acid testing and use everyone's efforts to build a solid Great Wall of Public Safety.
