Law Committee of the National People's Congress: Simple and rude methods such as "uniform persuasion" cannot be used to prevent and control the epidemic

Legal Work Committee of the Standing Committee of the National People's Congress: Simple and rude methods such as "uniform persuasion" cannot be used to prevent and control the epidemic

Xinhua News Agency, Beijing, March 5 (Reporters Luo Sha and Chen Fei) In order to prevent the spread of the epidemic, some localities have adopted preventive and control measures such as "uniformly persuading return" and "locking the door of their homes", which has caused controversy. Is there any legal basis for these measures?

"These measures exceed the necessity and limit, and affect the legitimate rights and interests of citizens and the normal operation of the economy and society. They are neither legal nor reasonable." Zang Tiewei, spokesman of the Standing Committee of the Standing Committee of the National People's Congress and director of the research department, said in response to reporters ’questions, All regions adopting epidemic prevention and control measures should respond to the local epidemic situation and respond to policies and classified guidance. It is not appropriate to adopt “one-size-fits-all” measures for foreign personnel and “lock the door” to isolated residents.

Zang Tiewei said that the key to preventing and controlling the epidemic according to law is the measures to prevent and control the epidemic. The main body must be qualified, the means must be legal, and the measures must be appropriate. In this regard, China's relevant laws and regulations have specific provisions.

——The so-called subject is qualified, that is, relevant prevention and control measures can only be determined and implemented by the statutory bodies such as the people ’s government performing unified leadership duties. Lower-level people ’s governments and relevant departments should obey the higher-level people ’s government ’s unified response to emergencies. Leadership, command and coordination.

——The so-called legal means is to coordinate the grasp of the relationship between epidemic prevention and control, the normal operation of the economy and society, and the protection of citizens' legitimate rights and interests. Simple and rude methods such as “locking the door” and “performing persuasion” cannot be used to “hard isolate” the epidemic. ".

——The so-called measures are appropriate. The measures to prevent and control the epidemic must be compatible with the nature, extent, and scope of the social harm that the epidemic may cause. If there are multiple measures to choose from, you should choose to help protect the citizens to the greatest extent possible. Measures for the rights and interests of legal persons and other organizations shall not exceed the necessary limits.

Zang Tiewei said that in the case of quarantine of citizens, the people's government implementing the quarantine measures during the quarantine period should also provide living security for the quarantined persons. The illegal prevention and control measures taken without authorization must be resolutely corrected; those who infringe upon the legitimate rights and interests of citizens shall bear legal responsibility in accordance with the law.

"No unit or individual may, without the approval of the people's government at or above the county level, close hardened isolation measures such as door closures to close villages and communities, and shall not use rough methods such as door locks or channel closures to implement hard home control. Apart from those who are under isolation treatment or medical observation measures, they must not restrict other owners or tenants who have taken protective measures and cooperated with body temperature testing to return home. "Zang Tiewei said that on the premise of fully studying the development trend of the epidemic and taking protective measures properly, We must make prudent decisions in accordance with the law, resolutely prevent the "simplification" and "one-size-fits-all" of relevant prevention and control measures, minimize the inconvenience caused to the people's production and life, and create conditions for the restoration of normal social order and production and operation as soon as possible.