These 20 episodes of the prevention and control of violations of laws and regulations must bear legal consequences
Author:City Guan Published Time:2022.07.16
In order to help the majority of residents to comprehensively grasp the possible illegal and illegal acts and possible legal consequences in the prevention and control of the epidemic situation, and promote the prevention and control of the epidemic in accordance with laws and regulations, the Shaanxi Provincial Health and Health Commission organizes legal experts in legal experts in the prevention and control of the epidemic prevention and control of 20 20. The epidemic prevention and control violations and the possible legal consequences are sorted out and are now released.
Article 12 of the Infectious Disease Prevention Law stipulates: "All units and individuals in the field of the People's Republic of China must accept the prevention and control of prevention and control of disease prevention and control institutions and medical institutions on the investigation, inspection, collection samples, isolation treatment, etc. Measures provide relevant situations. "Each citizen should report the history of travel history, residence history, body temperature testing, symptoms, etc., fulfill the statutory obligations such as home isolation, medical observation, etc., and consciously participate in the prevention and control of the epidemic.
1
People who are included in the scope of nucleic acid detection. What are the consequences of not participating in a unified tissue nucleic acid detection for no reason?
Violation of the legal obligations stipulated in Article 12 of the Infectious Disease Prevention Law. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the people's government. It is an act of obstructing social management. According to the provisions of Article 50 of the "Public Security Management Penalty Law", in accordance with different circumstances, it can be warned and warned. Punishment of public security management such as fines and detention; violation of the provisions of the prevention and control of infectious diseases, and refusing to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, which causes the transmission of the new crown virus or is seriously dangerous, according to the "Criminal Law" No. 1 Article 330 crimes and punishment for the prevention and treatment of infectious diseases.
2
What kind of legal liabilities will be assumed in the community, supermarkets, and vegetable farms, and refuse to cooperate with health information to verify the inspection of health information.
This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of obstructing social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan. If the transmission of a new type of coronary virus or is seriously dangerous, the crime and punishment of the crime of preventing and controlling the prevention and treatment of infectious diseases will be obtained according to Article 330 of the Criminal Law.
3
Will you bear legal responsibility if you don't wear a mask when you go out?
Residents take public transportation, entering and exiting the gate of the community, and refuse to cooperate with the persuasion of managers to wear masks; or, residents in high -risk areas are out of the high -risk area to refuse to cooperate with the persuasion of managers and not wear masks, and first bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of obstructing social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years.
4
Residents in the sealing and closed communities violated epidemic prevention regulations and went out and gathered without permission.
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years. The diagnosis of patients and pathogens, concealing the condition, concealing the itinerary information, entering public places or public transportation, and intentionally caused the transmission of new coronary viruses, which may constitute a crime of harming public safety by dangerous methods.
5
Persons with a health code are yellow -code and red code. What are the consequences of observation of medical observation or home health test?
Responsible for administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of obstructing social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Take criminal responsibility. In violation of the provisions of the prevention and control of the infectious diseases, if the rejection of the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the new crown virus transmission or is seriously dangerous, according to Article 330 of the Criminal Law to obstruct the infectious disease disease Crime and punishment for prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years. 6
During the prevention and control of the epidemic, what responsibilities should residents take gathered activities such as gathered meals, playing cards, and entertainment in violation of regulations?
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years.
7
What legal liabilities will be assumed if they do not accept health monitoring and management in accordance with regulations?
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years.
8
What are the consequences?
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years. The diagnosis of patients and pathogen carriers conceal their condition, conceal the itinerary information, enter public places or public transport, and deliberately cause the transmission of new coronary viruses, which may constitute a crime of harming public safety by dangerous methods.
9
What responsibilities should residents and enterprises do not cooperate with disinfection related to the prevention and control of the epidemic?
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years. If the unit offender the crime, the unit is sentenced to a fine, and the person in charge and other direct responsible persons who are directly responsible for them shall be punished in accordance with the prescribed paragraph of the previous paragraph.
If the violence and threat methods hinder the staff of the staff of state organs (including the personnel engaged in the prevention and control of public duties in the state organs), the epidemic investigation is carried out in accordance with the law, and the crime and punishment of the crime of obstructing official duties will be obtained in accordance with the law. 10
Persons with symptoms such as fever, dry cough, fatigue, sense of smell, nasal congestion, runny nose, sore throat, conjunctivitis, muscle pain, and diarrhea have not followed the patient to seek medical treatment in accordance with the patient prevention and control requirements?
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years. The diagnosis of patients and pathogen carriers conceal their condition, conceal the itinerary information, enter public places or public transport, and deliberately cause the transmission of new coronary viruses, which may constitute a crime of harming public safety by dangerous methods.
11
What responsibilities should I assume the survey of epidemiological epidemiological surveys carried out by the disease control and public security department?
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years.
If the violence and threat methods hinder the staff of the staff of state organs (including the personnel engaged in the prevention and control of public duties in the state organs), the epidemic investigation is carried out in accordance with the law, and the crime and punishment of the crime of obstructing official duties will be obtained in accordance with the law.
12
During the epidemic, what kind of legal responsibility will be assumed for malicious hoarding, raising prices, and making huge profits?
The market supervision and management department is punished by administrative penalties.
13
In violation of the prevention and control regulations of the epidemic, do you want to take legal responsibility to throw masks, protective clothing and other medical protective supplies?
If medical protection supplies such as masks, protective clothing, and protective clothing are waste, toxic substances, or other harmful substances containing infectious diseases, which seriously pollute the environment shall be convicted and punished in accordance with Article 338 of the Criminal Law.
Those who deliberately disseminate the new coronary pneumonia's pathogenesis and endanger public safety shall be punished in accordance with Article 114 and 115 of the Criminal Law.
14
Vehicles and personnel who have passed the epidemic prevention and control card point, if they refuse to cooperate with and accept the staff of the card, do they take legal responsibility?
Suspected of violating the "Punishment of Public Security Management Penalty", in accordance with Article 50 of the Public Security Management Punishment Law, a warning or fines of less than 200 yuan; if the circumstances are serious, detained for more than five days and less than ten days, and may be paid to 500 to five hundred hundreds of days. Fine below yuan.
15
During the prevention and control of the epidemic, what kind of legal liability will be assumed in the family residence, chess and card files, mahjong rooms, and selling cold heating drugs in violation of regulations?
First bear civil liability. In accordance with Article 77 of the Infectious Disease Prevention Law, if the unit and individual violate the provisions of this Law, which leads to the spread and popularity of infectious diseases, and cause damage to the human body and property, it shall bear civil liability in accordance with the law.
Secondly, take administrative responsibility. This is a decision and order issued by the People's Government in accordance with the law under the circumstances of the People's Government. It is an act of impolting social management. ; If the circumstances are serious, detaining for more than five days and less than ten days, it can be fined below 500 yuan.
Finally, if you violate the provisions of the Prevention and Control Law, if you refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the infectious disease prevention and control law, if the transmission of the new crown virus or is seriously dangerous Crime and punishment for infectious disease prevention and treatment. The imprisonment or detention of less than three years; those who have a particularly serious consequences shall be imprisoned for three years and seven years.
16
During the prevention and control of the new coronary virus infection pneumonia, the staff of the government health administrative department engaged in infectious disease prevention and treatment seriously irresponsible and caused the transmission or popularity of new coronary virus pneumonia? According to the "Infectious Disease Prevention and Control Law", the responsible supervisors and other direct responsible personnel shall be given administrative sanctions in accordance with the law. If the circumstances are serious and the crime constitutes a crime, criminal liability is investigated in accordance with the law.
17
What legal liabilities will it take on medical equipment such as medical masks, goggles, and protective clothing that does not meet the health of human health and industry standards?
The market supervision and management department shall be administrative punishment. The serious circumstances may be suspected of violating the provisions of Article 145 of the Criminal Law, and will be convicted for medical equipment that does not meet the standards for production and sales, and punishment shall be punished in accordance with the law.
18
During the prevention and control of the epidemic, the fabrication of false epidemic information, which scattered in public in public, or knows that false information can also help spread and spread. What legal liability will be assumed?
According to Article 65 of the Capital Corporation of the Emergency, it will be ordered to make corrections and give warnings; if serious consequences are caused, business activities will be suspended or revoked in accordance with the law. According to Article 25 of the Public Security Management Penalty Law, detention will be punished by more than five days, and a fine of less than 500 yuan may be paid; if the circumstances are relatively light, they will be detained for less than five days or a fine of less than 500 yuan. If the social order seriously disrupts the social order, the crime and punishment of the crime of fabrication and intentionally disseminating false information shall be made in accordance with Article 291 of the Criminal Law.
19
What legal liability will be assumed for fake nucleic acid testing negatives and evading normal examinations?
If the counterfeiter is healthy and only holds a fake nucleic acid test report, it may face public security management punishment or other administrative punishments; If the final test proves that it is a diagnosed patient or a pathogen carrier, causing the epidemic dissemination or serious danger of transmission, and harmful public safety, it may be punished by crime of public safety in danger.
20
During the epidemic, what principles do the administrative organs 'punishment for violating emergencies' response measures?
Article 49 of the "Administrative Penalty Law" stipulates that emergencies such as major infectious diseases and epidemic conditions occur. In order to control, reduce and eliminate social harm caused by emergencies, the administrative organs' acts of violating emergencies should be From heavy punishment.
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