Today is February 13th, and our fight against the ‘pneumonia caused by the novel coronavirus’ is turning white-hot.
In order to fight against the epidemic, many provinces have launched a first-level response to major public health emergencies. The government has also introduced a series of prevention and control policies, such as the implementation of community registration system, the implementation of staying at home for isolation, closed community management, setting up road barriers for quarantine and so on.
These measures have been implemented seriously, but there are some people push their luck, thinking that epidemic prevention measures are a storm in a teacup...
On February 9th, Li in Panjin concealed fever symptoms and still returned to work. Later, he was diagnosed as having novel coronavirus pneumonia, leading to the closure of the mall and causing that a number of people who had been in and out of the mall were isolated. Li will see his case handled through the police.
On January 26th, Hong in Longhai rented the house but failed to perform his obligation to check and register the tenant’s identity. Later, the tenant was found by the police to be from Wuhan and had not been filed; and Hong was fined by the police.
On February 6th, Chen in Qianshan, Zhuhai, was detained for seven days by the Xiangzhou branch of the Zhuhai Police Office for going out without permission and still refusing to stay in as well as be quarantined after being persuaded.
It is just not to cooperate with the government’s prevention and control measures, why is the government so serious?!
Don’t think so! During the outbreak, reporting personal information, reporting outbreak clues and implementing quarantine measures are no longer your personal choices, but the legal obligation of the whole society. According to the law on punishment for public security administration, those who refuse to carry out decisions or orders issued by the government according to law under the state of emergency may be detained for up to 10 days and fined up to RMB 500. Therefore, during this epidemic, those who do not cooperate with prevention and control measures, shall bear severe administrative punishment!
Someone who has read the article carefully might say, ‘Look! There is a unlucky person -- the landlord Hong. Why did he be fined too?’
He is not ‘unlucky’. By the end of today, many places have made clear the landlord’s epidemic prevention and control responsibility. Taking the ‘ten uniform’ notice of Zhuhai as an example, ‘the landlord shall be responsible for the management of the rental housing in the community, shall timely report the situation of the tenants returning from Hubei province to the community, and shall be responsible for the occurrence of the epidemic in the rental housing’. Therefore, the landlord should cooperate with the community personnel to verify the situation, take the initiative to check and register the tenant, and immediately report to the local disease control department once found clues to the outbreak.
Is that the end of responsibility? Of course not ~ During the epidemic, those who refuse to implement the prevention and control measures proposed officially may also be convicted of the crime of obstructing prevention and control of infectious diseases, obstruction of public duties, using dangerous method to endanger public security and other criminal crimes!
The crime of obstructing the prevention and control of infectious diseases refers to the act of refusing to carry out the preventive or control measures proposed by the Health and Anti-epidemic Agencies in accordance with the law on prevention and control of infectious diseases, thus causing the spread of class A infectious diseases or causing serious danger of transmission. On January 20th , 2020, the novel coronavirus pneumonia was officially declared as class B infectious disease, and measures has been taken to prevent and control class A infectious disease. That is to say, this pneumonia can be applied to the crime of obstructing the prevention and control of infectious diseases, which is punishable by up to seven years’ imprisonment. A few days ago, Li repeatedly concealed that he had lived in the place where the epidemic occurred before leaving for Shenzhen during his prevention and control check. After arriving in Shenzhen, he had gone out for several times without a mask because his pharynx was unwell, causing 29 people to be quarantined for medical observation. Now Li has been suspected of obstructed the prevention and control of infectious disease crime and placed on file for investigation.
As for the crime of endangering public security by dangerous means, one of the main differences between it and the crime of obstructing the prevention and control of infectious diseases lies in the intention of harming public security. On February 1st when Gou returned to Qinghai from Wuhan, he deliberately deceived the visitors, and took the initiative to keep in close contact with the surrounding people for many times, knowing that he had fever and cough. Later, he was put on file for investigation on suspicion of endangering public security by dangerous means. Taking Gou as an example, he also intentionally evades the prevention and control measures. However, he deliberately contacts people even though he knows he is ill, which infringes not only the prevention and control system of infectious diseases, but also the life and health safety of most non-specific people. Therefore, he shall be convicted of the crime of endangering public security by dangerous means.
For obstructing official business, based on the judicial interpretation jointly issued by the Supreme People’s Court and the Supreme People’s Procuratorate, those who obstruct state personnel or workers of the Red Cross in accordance with the law to carry out measures of preventing and controlling sudden outbreak of infectious diseases and other disasters by means of violence or threat, such as epidemic prevention, quarantine, mandatory isolation, isolation-treatment and so on, shall be convicted of the crime of obstructing official business and bear punishment. On February 12nd, the worker Deng from Jinan was sentenced to 10 months’ imprisonment for obstructing official duties, i.e. not cooperating with the company’s epidemic prevention and control work, breaking into the company without a mask and beating the epidemic prevention and control personnel and police on February 3rd. The task of prevention and control is the responsibility of the whole society, and we should and must support their work！
Now, a lot of business enterprises have reopened, and the number of people is expected to increase significantly, so you everyone must remember:
Everyone should consciously obey the government’s prevention and control measures, go around less, refuse gatherings, and wash hands frequently. Those who need to go to work shall report to the unit actively and isolate automatically if you feel unwell. You can go to work again with a mask only when you are sure to have no suspicious symptom.
As the management and control subject, the reopening-enterprise shall implement its responsibilities seriously. If the enterprise fails to prevent epidemics, it may face civil compensation liability, fine, suspension of business for rectification and other administrative responsibilities. If the negligence leads to virus infection, it may also bear the criminal responsibility mentioned above. So, each business enterprise should obey local government instruction, do well in the application or report task of the staff returning to work. In a word, if the enterprise wants to reopen, it should not only provide a safe and healthy working environment for the staff, but also perform the duty of checking the staff whereabouts and the duty of observing the 14-day isolation of returning staff.
This article is over here. As long as everyone earnestly implement epidemic prevention and control measures, the ‘epidemic battle’ victory is just round the corner! Wish the epidemic will end as soon as possible, and realize the wishes of netizen in 2020 -- in the warm spring, flowers are coming out with a rush, and we can walk in the street without wearing masks, enjoy the beautiful scenery together!
