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Provincial Health and Health Commission reminds: These 20 types of epidemic prevention and control violations will bear legal consequences

Release time: 2022-03-17 Author: Provincial Health Commission Views: 10568 Share to:

To help residents fully understand possible violations and possible legal consequences during epidemic prevention and control，Promote epidemic prevention and control work to be carried out efficiently in accordance with laws and regulations，The Shaanxi Provincial Health Commission organized legal experts to sort out 20 common epidemic prevention and control violations and possible legal consequences，Now published。

Article 12 of the "Law on the Prevention and Control of Infectious Diseases" stipulates: "All units and individuals within the territory of the People's Republic of China，Must accept CDC、Investigation of infectious diseases in medical institutions、Inspection、Collect samples、Isolation treatment and other prevention、Control measures，Provide relevant information truthfully。”Every citizen should truthfully report travel history in accordance with the law、Residence History、Temperature detection、Symptoms and other conditions，Perform home quarantine、Medical observation and other legal obligations，Consciously participate in epidemic prevention and control work。

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Violation of legal obligations stipulated in Article 12 of the "Law on the Prevention and Control of Infectious Diseases"。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，According to the provisions of Article 50 of the "Public Security Administration Punishment Law"，According to different plots，Warning possible、Fine、Detention and other public security management penalties；Violation of the provisions of the Infectious Disease Prevention and Control Act，Refuse to implement the prevention recommended by the health and epidemic prevention agency in accordance M88 appwith the Infectious Disease Prevention and Control Law、Control measures，causing the spread of the new coronavirus or posing a serious risk of spread，Convicted and punished according to Article 330 of the "Criminal Law" for the crime of obstructing the prevention and control of infectious diseases。

2、Entering and entering the community、Supermarket、Food markets and other related places，Refuse to cooperate with health information verification，Refuse to cooperate with identity registration requirements，What kind of legal liability will it bear？

This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，According to the provisions of Article 50 of the "Public Security Administration Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。causing the spread of the new coronavirus or posing a serious risk of spread，Convicted and punished according to Article 330 of the "Criminal Law" for the crime of obstructing the prevention and control of infectious diseases。

3. If you don’t wear a mask when going out, will you bear legal responsibility?

Residents take public transportation、Access to community gates and other public places，Refuse to cooperate with the management staff’s advice to wear a mask；or，Residents in medium- and high-risk areas refuse to cooperate with management personnel’s advice and do not wear masks when going out，Bear civil liability first。In accordance with Article 77 of the "Law on the Prevention and Control of Infectious Diseases"，Units and individuals violate the provisions of this law，Causing the spread of infectious diseases、Popular，Give someone else a life、Causing damage to property，Should bear civil liability in accordance with the law。

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，According to the provisions of Article 50 of the "Public Security Administration Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

Last，Violation of the provisions of the Infectious Disease Prevention and Control Act，Refuse to implement the prevention recommended by the health and epidemic prevention agency in accordance M88 appwith the Infectious Disease Prevention and Control Law、Control measures，causing the spread of the new coronavirus or posing a serious risk of spread，Convicted and punished according to Article 330 of the "Criminal Law" for the crime of obstructing the prevention and control of infectious diseases。Sentence to fixed-term imprisonment of not more than three years or criminal detention；The consequences are particularly serious，Sentence to fixed-term imprisonment of not less than three years but not more than seven years。

4.Block and control、Residents in closed communities violate epidemic prevention regulations，Going out without permission、Gather，What kind of legal liability will it bear？

Bear civil liability first。In accordance with Article 77 of the "Law on the Prevention and Control of Infectious Diseases"，Units and individuals violate the provisions of this law，Causing the spread of infectious diseases、Popular，Give someone else a life、Causing damage to property，Should bear civil liability in accordance with the law。

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

5、The health code is yellow code、Personnel with red code，Failure to isolate for medical observation or home health testing in accordance with regulations，What will be the consequences？

Assume administrative responsibilities。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，According to the provisions of Article 50 of the "Public Security Administration Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

Be criminally responsible。Violation of the provisions of the Infectious Disease Prevention and Control Act，Refuse to implement the prevention recommended by the health and epidemic prevention agency in accordance M88 appwith the Infectious Disease Prevention and Control Law、Control measures，causing the spread of the new coronavirus or posing a serious risk of spread，Convicted and punished according to Article 330 of the "Criminal Law" for the crime of obstructing the prevention and control of infectious diseases。Sentence to fixed-term imprisonment of not more than three years or criminal detention；The consequences are particularly serious，Sentence to fixed-term imprisonment of not less than three years but not more than seven years。

6、During epidemic prevention and control period，Residents violate regulations by going out for dinner parties、Playing cards、Entertainment and other gathering activities，What responsibilities should we bear？

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

7、After the end of centralized isolation，Those who do not accept health monitoring and management in accordance with regulations，What kind of legal liability will it bear？

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

8、Concealing illness、Concealing travel information (especially travel history in key areas)、Concealing the history of close contact with confirmed cases or suspected cases，What will be the consequences？

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

9、Residents and businesses do not cooperate in carrying out disinfection work related to epidemic prevention and control，What responsibilities should we bear？

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

With violence、Threatening methods to prevent state agency staff (including those engaged in official epidemic prevention and control duties in state agencies) from carrying out epidemic investigation work in accordance with the law，Convicted and punished according to Article 277 of the "Criminal Law" for the crime of obstructing official business。

10、With fever、Dry cough、fatigue、Reduced sense of smell and taste、nasal congestion、Runny nose、Sore throat、Conjunctivitis、People with symptoms such as myalgia and diarrhea，Failure to comply with epidemic prevention and control requirements，Go to the fever clinic for medical treatment，What will be the consequences？

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

11、Refuse to cooperate with the epidemic epidemiological investigation carried out by the disease control and public security departments，What responsibilities should we bear？

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

12、During the epidemic，Malicious hoarding、Price gouging、Making huge profits，What kind of legal liability will it bear？

Submit it to the market supervision and management department for administrative penalties.

13、Violation of epidemic prevention and control regulations，Throwing masks、Protective clothing and other medical protective equipment, etc.，Do I have to bear legal responsibility?？

If a mask is thrown away、Medical protective equipment such as protective clothing is waste containing infectious disease pathogens、Toxic substances or other harmful substances，Seriously polluting the environment，Convicted and punished according to Article 338 of the Criminal Law of Environmental Pollution Crime。

Deliberate spread of COVID-19 pathogen，Endangering public safety，In accordance with Article 114 of the Criminal Law、Article 115 Conviction and Punishment for the Crime of Endangering Public Safety by Dangerous Methods。

14.Vehicles and people passing through epidemic prevention and control checkpoints，To redeem the card or other methods，Refuse to cooperate、Accept inspection by checkpoint staff，Do I have to bear legal responsibility?？

Suspected of violating the "Public Security Management Punishment Law"，According to the provisions of Article 50 of the "Public Security Administration Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

15.During epidemic prevention and control period，Tutoring classes at family residence、Chess and card stall、Mahjong Room，Illegal sale of cold and fever medicines, etc.，What kind of legal liability will it bear？

Secondly assume administrative responsibility。This is a refusal to implement the decision issued by the people's government in accordance with the law during the state of emergency、Command behavior，Behavior that impedes social management，In accordance with the provisions of Article 50 of the "Public Security Management Punishment Law"，Issuing a warning or a fine of not more than 200 yuan；Serious circumstances，Detention for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed。

16.In prevention、During the control of the new coronavirus infection pneumonia epidemic，Staff in government health administrative departments engaged in the prevention and control of infectious diseases are seriously irresponsible、Causing the spread or epidemic of new coronavirus pneumonia，What kind of legal liability will it bear？

According to the "Law on the Prevention and Control of Infectious Diseases"，Responsible supervisors and other directly responsible personnel，Administrative sanctions in accordance with the law。Serious circumstances，Constituting a crime，Pursuing criminal liability for dereliction of duty in preventing and controlling infectious diseases and other crimes in accordance with the law。

17.Production does not meet national standards to protect human health、Industry standard medical mask、Goggles、Protective clothing and other medical equipment，What legal liability will you bear?？

Administrative penalties imposed by the market supervision and management department。In serious cases, it may be suspected of violating Article 145 of the Criminal Law，will be produced、Convicted of selling substandard medical equipment，Severe punishment in accordance with the law。

18.During epidemic prevention and control period，Making up false epidemic information，Distributed on the Internet and other public places，Or knowingly knowing it is false information but m88 reviewhelping to spread it, what legal liability will it bear?

According to the provisions of Article 65 of the "Emergency Response Law"，will be ordered to correct，Give warning；causing serious consequences，Business activities will be suspended or practice license revoked in accordance with the law。According to Article 25 of the "Public Security Management Punishment Law"，will be detained for not less than five days but not more than ten days，A fine of not more than five hundred yuan may be imposed；The circumstances are minor，Detention for not more than five days or a fine of not more than five hundred yuan。Those who seriously disrupt social order，Constructed according to Article 291 of the Criminal Law、Conviction and punishment for the crime of intentionally spreading false information。

19. Forge negative nucleic acid test certificate to avoid normal inspection , what legal liability will it bear?

If the counterfeiter is in good health and only has a fake nucleic acid test report to prove it，May face public security management penalties or other administrative penalties；But if you ask others to forge nucleic acid test certificates multiple times，Violation of epidemic prevention and control policies，Behavior that evades normal inspection，And if the final test proves that he is a confirmed patient、Pathogen carrier，causing the spread of the epidemic or posing a serious risk of spread，Endangering public safety，May be convicted and punished for the crime of endangering public safety by dangerous means。

20.During the epidemic，What principles do administrative agencies adopt for punishment of violations of emergency response measures？

Article 49 of the Administrative Punishment Law，Several infectious disease outbreaks and other emergencies，For control、Reduce and eliminate social harm caused by emergencies，Administrative agencies’ behavior that violates emergency response measures，Quickly according to law、Severe punishment。

Source: Shaanxi Provincial Health Commission official website

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