"Excessive force" in the prevention and control of epidemics in some places

Master the principle of proportionality to eradicate "barbaric anti-epidemic"

□ Our reporter Han Dandong

□ Our Intern Liu Jinbo

On February 5th, General Secretary Xi Jinping emphasized at the third meeting of the Central Committee for the Comprehensive Management of the State by Law that at present the epidemic prevention and control is in a critical period, and scientific and orderly prevention and control according to law is vital. The more the epidemic prevention and control is at its most strenuous, the more we must adhere to the prevention and control in accordance with the law, coordinate and advance various prevention and control work on the track of the rule of law, and ensure the smooth development of the epidemic prevention and control work.

This indicates the direction for the scientific and orderly prevention and control of the new crown pneumonia epidemic in various places according to law. These positive changes are closely related to the severe measures taken everywhere.

However, the reporter of "Legal System Daily" learned that in some places during the epidemic prevention and control, "excessive force" often appeared, and some "hard core" behaviors became "hard to come." For example, some communities are forbidden to return home, family members are "admonished" to play cards at home, epidemic prevention workers broke into houses, and some teachers were forced to quarantine without running in the open air ...

Experts interviewed by the reporter of the Legal Daily believe that the country is in good faith and governed by good law. Even in the critical period of epidemic prevention and control, it is never allowed to breach the bottom line of the rule of law.

Lack of law enforcement skills training

Over-prevention and control are common

On February 10, an owner of a community in Xi'an, Shaanxi, walked downstairs to walk the dog. The epidemic prevention staff killed pet dogs on the ground that they could not walk the dogs during the epidemic prevention period. On the same day, a teacher in Fengcheng City, Jiangxi, was forced to isolate for 14 days without wearing a mask while jogging in the community.

On February 15, a villager in Hejian, Hebei, went out to the toilet without a mask and met an epidemic prevention worker. As a result, the villagers were taken directly to 120 ambulances. On February 17, the government of Migezhuang Township in Hejian City, Hebei Province responded to the matter, saying that on the same day, the government staff took the 120 ambulance to the town health center for inspection, confirmed the health, and persuaded the education. The cadres led him home.

In addition, in many cities across the country, reworkers have encountered obstacles in entering communities. Even some front-line medical workers have been "specially treated." Some communities have posted a notice that "medical personnel are prohibited from entering." The reason is that residents are "afraid that they will come back with the virus." After the local prevention and control department came forward to coordinate, the problem was resolved.

In this regard, Mo Jihong, a researcher at the Institute of International Law of the Chinese Academy of Social Sciences, said that the quality of personnel currently maintaining order on the front line is uneven, and most of them are non-professional law enforcement personnel. They usually lack the necessary law enforcement skills training and encounter law enforcement. People who do not listen to dissuasion are at a loss and have a simple and rude attitude. Therefore, government departments should provide necessary induction training to all community workers involved in maintaining order and various types of law enforcement personnel or auxiliary law enforcement personnel. Those who caused bad influence on the brutal and brutal law enforcement actions were found to be investigated together.

Prevention and Control Measures "Excessive Force"

Violates many rights of citizens

What rights may citizens be violated by these irrational preventive measures?

Zheng Ning, director of the Faculty of Cultural Industry Management, Communication University of China, analyzed that the first is the right to survival. With the development of society, the right to life does not only mean the right to life, but also the right to a standard of living, that is, the citizen has the right to the standard of living necessary to maintain the health and welfare of himself and his family.

"During the prevention and control of the epidemic, a number of violations of the right to life of citizens occurred in some places. For example, children with cerebral palsy in Hong'an County, Huanggang City, Hubei Province died because their father was quarantined and the local government did not take serious care of them; closing vegetable markets and other places As a result, people are unable to purchase living materials; female medical personnel are required to take progesterone to delay the menstrual period; neglecting women's basic physiological needs, and sanitary napkins are not included in disaster relief materials. "Zheng Ning said.

Zheng Ning analyzed, followed by personality dignity. The Constitution clearly stipulates that the personal dignity of citizens of the People's Republic of China is inviolable, but in fact there are many cases that violate the personal dignity of others. For example, treating residents from places such as Wuhan or medical staff on the front line with discriminatory attitudes and languages; prohibiting medical staff from going home; offering rewards to residents found from Hubei are violations of citizens' dignity.

The third point Zheng Ning talks about is property rights. The personal property of citizens is inviolable. The Law on the Prevention and Control of Infectious Diseases stipulates that, in the event of an outbreak or epidemic of an infectious disease, the State Council has the right to be nationally or across provinces, autonomous regions, and municipalities, and local people's governments at or above the county level have the right to stay within their own administrative regions. Urgently mobilize personnel or call for reserves, temporarily requisition houses, vehicles, and related facilities and equipment.

"During this epidemic, the government levied and requisitioned a large number of factories, equipment, supplies, places, etc. In the process, there were also violations of the property rights of others. For example, Wuhan Software Engineering Vocational College is transforming student dormitories into temporary The student's personal belongings were emptied during the medical treatment, "Zheng Ning said.

"The fourth point is the right to housing. The Constitution stipulates that the residences of citizens of the People's Republic of China are not infringed. Illegal searches or illegal intrusions into citizens' homes are prohibited." Zheng Ning said, but during the epidemic prevention and control, many actions of administrative law enforcement personnel have been This constitutes an illegal trespass. For example, breaking into homes to disperse people playing cards and playing mahjong; using drones to enforce law, discouraging behaviors gathered on the streets without masks, but always following other people's homes.

The last point Zheng Ning talked about was the right to privacy. The Law on the Prevention and Control of Infectious Diseases stipulates that disease prevention and control institutions and medical institutions shall not disclose relevant information and materials concerning personal privacy. However, during the epidemic prevention and control, the information of many returnees from Wuhan was leaked.

Establish awareness of epidemic prevention according to law

Guaranteeing the basic rights of citizens

While fighting epidemic prevention and control, while protecting the basic rights of citizens, how to grasp this "degree"?

Zheng Ning said that first of all, the principle of proportionality is used, which requires that public authority's restrictions on individual rights must have purpose, legitimacy, appropriateness of means, and minimal infringement, and must not evolve into "barbaric anti-epidemic". Second, safeguard core rights. In an emergency, the rights of citizens are bound to shrink, but this reduction cannot be extended to all rights, and core rights such as the right to subsistence and personal dignity must still be basically guaranteed.

According to Mo Jihong, the requirements can be divided into two aspects:

First, government departments should seriously consider the provisions of the Emergency Response Law when issuing emergency notices. If the government's emergency measures need to limit the rights of citizens, the principle of protecting citizens' rights to the maximum should be the principle. Only government emergency notices maintain the right at the source. Respect for civil rights can ensure that law enforcement officials effectively respect civil rights in their work.

The second is to improve the legal literacy of law enforcement personnel and various law enforcement support personnel who maintain order, conduct on-the-job training, education on the rule of law and protection of human rights, and meanwhile, severe investigation and punishment of brutal law enforcement behaviors are required. Legal relief must also be given to citizens who have been victims of brutal law enforcement.

In this epidemic prevention and control battle, how to protect the basic rights of citizens from being violated?

Zheng Ning said that government agencies should adhere to the thinking of the government under the rule of law. Decision-making and law enforcement must be based on law, comply with due process of law, take the initiative to disclose information in a timely manner, accept public supervision, listen to public opinions and improve it in a timely manner. Punish illegal acts. Citizens should consciously abide by the law, cooperate with the government's law enforcement, and do not infringe on the legal rights of others; exercise their right to supervise, criticize and suggest, and actively provide advice for epidemic prevention.

In Mo Jihong's view, the key is that government officials at all levels must use the thinking and methods of the rule of law to deal with risks, and respect human rights in the first place in epidemic prevention work. The purpose of epidemic prevention is to maximize the protection of citizens' right to life and physical health. The epidemic prevention work cannot protect the human rights without paying attention to the methods of epidemic prevention. It does not act in a manner prescribed by law. It is taken for granted that what the enemy is currently taking Measures are all possible, and we must establish a sense of epidemic prevention.

"For citizens, they ca n’t consider themselves healthy, and epidemic prevention has nothing to do with themselves. Because how the new crown virus spreads has not been understood, there is an objective danger that everyone can carry the virus to infect others, so this The prevention and control of this epidemic situation is directly related to everyone. It is not a small probability event that can be ignored. You can't just want your own rights and don't want to fulfill your obligations. In this epidemic prevention work, everyone fulfills the obligation to cooperate with the government's emergency work. They are effectively protecting their right to life and health from being violated. "Mo Jihong said.