Law Popularization on Pandemic Prevention and Control

Publisher:管理员Date:2022-05-16Views:10

In order to deepen your understanding of the pandemic prevention and control violations, we have compiled for you 21 types of illegal acts against pandemic prevention and control and the possible legal consequences


1.For those who take public transportation, enter and leave public places such as neighborhoods, supermarkets, food markets and hotels but refuse to cooperate with the management's dissuasion to wear a mask:

According to Article 77 of the Law of the PRC on the Prevention and Treatment of Infectious Diseases(《传染病防治法》), organizations and individuals who violate the provisions of this Law, resulting in the spread or prevalence of infectious diseases and causing personal or property damage of others, shall bear civil liability in accordance with law. This is an act of refusal to implement the decision or order issued by the People's Government in accordance with the law in case of emergency, which is an act of obstruction of societyadministration. A person who is suspected of violating the Article 23 of the Law of the People's Republic of China on Penalties for Administration of Public Security(《中华人民共和国治安管理处罚法》) (hereinafter referred to as the " Law on Penalties for Administration of Public Security ")shall be given a warning or be fined not more than RMB 200 yuan; and if the circumstances are relatively serious, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than 500 yuan. Whoever causes the spread of the COVID-19 or having a grave danger of transmission may be suspected of violating Article 330 of the Criminal Law of the People's Republic of China(《中华人民共和国刑法》) (hereinafter referred to as the "Criminal law"), which constitutes the crime of obstructing the prevention and control of infectious diseases.


2.For those who enter and leave neighborhoods, supermarkets, food markets, hotels and other relevant places but refuse to cooperate with health information verification and identity registration:

They are suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever causes the spread of the COVID-19 or having a grave danger of transmission may be suspected of violating Article 330 of the Criminal law, which constitutes the crime of obstructing the prevention and control of infectious diseases.


3.For the vehicles and personnel who refuse to cooperate and accept the staff inspection, rushing straightly through the checkpoints of pandemic prevention and control or in other ways:They are suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security which shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever causes the spread of the COVID-19 or having a grave danger of transmission may be suspected of violating Article 330 of the Criminal law, which constitutes the crime of obstructing the prevention and control of infectious diseases.


4.For those who are requested to do the nucleic acid test but refuse:It is a violation of the legal obligations under Article 12 of the Prevention and Treatment of Infectious Diseases Law. This is a refusal to implement the decisions and orders issued by the people's government in emergency situations in accordance with law, which is an act obstructing social management, suspected of violating Article 51 of the Regulations on Preparedness for and Response to Emergent Public Health Hazards(《突发公共卫生事件应急条例》). The relevant organizations and individuals do not cooperate with the investigation, sampling, technical analysis and testing, which may violate Article 50 of the Law on Penalties for Administration of Public Security. Acts constituting a violation of public security management will be punished by the public security organs in accordance with the law. Those suspected of constituting a crime will be held criminally liable in accordance with Article 330 of the Criminal law for allegedly obstructing the prevention and control of infectious diseases.


5.For those residents who refuse to cooperate with the closed-off management of the community:It is in violation of the provisions of the Health Management Guidelines. Organizations and individuals who go out or gather without permission in violation of the provisions of this law, resulting in the spread of infectious diseases and causing personal and property damage of others, shall bear civil liability in accordance with the provisions of Article 77 of the Prevention and Treatment of Infectious Diseases Law. This is a refusal to implement the decision or order issued by the People's Government in accordance with the law in case of emergency, which is an act of obstructing social administration and is suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security which shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever causes the spread or a grave danger of the spread of the new COVID-19 may be suspected of violating Article 330 of the Criminal law, constitutes the crime of obstructing the prevention and control of infectious diseases; If a confirmed patient or carrier of the pathogen, concealing the disease or withholding information about the trip, enters any public place or takes public transport. Whoever causes the spread of the new COVID-19 may be suspected of violating Article 114 and Article 115 of the Criminal law, which constitutes the crime of endangering public security by endangering public safety by dangerous means.


6.For those who hold health QR code as yellow code or red code but don’t carry out health monitoring at home or centralized isolation observation in accordance with the provisions:It is an act of obstructing social administration and is suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security which shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever,causes the spread or a grave danger of the spread of the new COVID-19 shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.


7.For the residents who go out to participate in gathering activities such as playing mahjong or poker, catering and entertainment in violation of regulations, and ignore the dissuasion during the pandemic prevention and control period:In violation of the provisions of this law, organizations and individuals who result in the spread of infectious diseases, pandemic and cause personal and property damage of others, shall bear civil liability in accordance with the provisions of Article 77 of the Prevention and Treatment of Infectious Diseases Law. This is a refusal to implement the decision or order issued by the People's Government in accordance with the law in case of emergency, which is an act of obstructing social administration and is suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security which shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever causes the spread or a grave danger of the spread of the new COVID-19 may be suspected of violating Article 330 of the Criminal law, constitutes the crime of obstructing the prevention and control of infectious diseases; If a confirmed patient or carrier of the pathogen, concealing the disease or withholding information about the trip, enters any public place or takes public transport. Whoever causes the spread of the new COVID-19 may be suspected of violating Article 114 and Article 115 of the Criminal law, which constitutes the crime of endangering public security by endangering public safety by dangerous means.


8.For those who set up tutorial class, chess and mahjong rooms in neighboring residences, or sell cold and fever drugs in violation of regulations during the pandemic prevention and control period:In violation of the provisions of this law, organizations and individuals who result in the spread of infectious diseases, pandemic and cause personal and property damage of others, shall bear civil liability in accordance with the provisions of Article 77 of the Prevention and Treatment of Infectious Diseases Law. This is a refusal to implement the decision or order issued by the People's Government in accordance with the law in case of emergency, which is an act of obstructing social administration and is suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security which shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever causes the spread or a grave danger of the spread of the new COVID-19 may be suspected of violating Article 330 of the Criminal law, constitutes the crime of obstructing the prevention and control of infectious diseases.


9.For those who refuse health monitoring and management in accordance with the provisions and ignore the dissuasion after centralized isolation:In violation of the provisions of this law, organizations and individuals who result in the spread of infectious diseases, pandemic and cause personal and property damage of others, shall bear civil liability in accordance with the provisions of Article 77 of the Prevention and Treatment of Infectious Diseases Law. This is a refusal to implement the decision or order issued by the People's Government in accordance with the law in case of emergency, which is an act of obstructing social administration and is suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security which shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever causes the spread or a grave danger of the spread of the new COVID-19 may be suspected of violating Article 330 of the Criminal law, constitutes the crime of obstructing the prevention and control of infectious diseases.


10.For those who conceal state of an illness, travel information (especially the history of travelling or living in controlled areas), and history of close contact with confirmed or suspected cases:In violation of the provisions of this law, organizations and individuals who result in the spread of infectious diseases, pandemic and cause personal and property damage of others, shall bear civil liability in accordance with the provisions of Article 77 of the Prevention and Treatment of Infectious Diseases Law. This is a refusal to implement the decision or order issued by the People's Government in accordance with the law in case of emergency, which is an act of obstructing social administration and is suspected to violate the Article 50 of the Law on Penalties for Administration of Public Security which shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan. Whoever causes the spread or a grave danger of the spread of the new COVID-19 may be suspected of violating Article 330 of the Criminal law, constitutes the crime of obstructing the prevention and control of infectious diseases; If a confirmed patient or carrier of the pathogen, concealing the disease or withholding information about the trip, enters any public place or takes public transport. Whoever causes the spread of the new COVID-19 may be suspected of violating Article 114 and Article 115 of the Criminal law, which constitutes the crime of endangering public security by endangering public safety by dangerous means.


SIE hope everyone can cooperate with the pandemic control initiatively and abide by all related regulations.

The finale of this gloomy pandemic will come,

Let's wait and embrace the wonder of life again.