Legal issues related to epidemic prevention and control that you are concerned about，The authoritative answer from the Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress is here！

　　Xinhua News Sky bet, Beijing, February 10th:Legal issues related to epidemic prevention and control that you are concerned about，The authoritative answer from the Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress is here！

　　Xinhua News Sky bet reporter

　　What are the main Sky bet systems related to epidemic prevention and control in my country？Failure to comply with government epidemic prevention and control measures，What Sky bet responsibilities should I bear？Some places use card interception、Isolate the epidemic by cutting off roads and blocking traffic，Are these practices Sky bet，How to do it legally？How the law regulates public welfare and charitable donation activities？Affected by the epidemic，The obligations stipulated in the contract cannot be performed normally，What are the specific provisions of the law on this...

　　In order to promote the orderly implementation of the prevention and control of the new coronavirus epidemic in accordance with the law，Head of the relevant office of the Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress，On the 10th, we answered the legal issues of common concern to the society in the prevention and control of the epidemic。

　　Question 1: Facing the severe situation of the current epidemic，How to effectively prevent and control the epidemic in accordance with the law？Please introduce the relevant Sky bet system in this regard。

　　Spokesperson of the Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress、Zang Tiewei, director of the research office, replied: The Party Central Sky bet with Comrade Xi Jinping as the core attaches great importance to epidemic prevention and control，Pay special attention to the use of legal methods and means，Mobilize and gather legal forces to stop the epidemic。General Secretary Xi Jinping emphasized at the third meeting of the Central Sky bet for Comprehensive Law-based Governance on February 5，Epidemic prevention and control has become the most difficult time，The more we must adhere to prevention and control in accordance with the law，Coordinate and promote various prevention and control work on the track of the rule of law，Ensure the smooth progress of epidemic prevention and control work。current，All relevant parties are conscientiously implementing the spirit of General Secretary Xi Jinping’s important speech，From legislation、Law Enforcement、Justice、Efforts in all aspects of law-abiding，Comprehensively improve prevention and control according to law、Ability to govern according to law，Provide strong legal guarantee for epidemic prevention and control。

　　General view，my country’s Sky bet system for epidemic prevention and control is relatively sound and complete。Article 21 of our country’s Constitution clearly stipulates，National development of medical and health services，Develop modern medicine and traditional Chinese medicine，Encourage and support rural collective economic organizations、National enterprises and institutions and street organizations organize various medical and health facilities，Carry out mass health activities，Protect people’s health。According to the provisions and spirit of the Constitution，Our country has formulated a law on the prevention and control of infectious diseases、Emergency response method、Frontier Health and Quarantine Law、A series of laws aimed at epidemic prevention and control including public health emergencies emergency regulations、Regulations，There are other related laws: Vaccine Management Law、Drug Control Law、Animal Epidemic Prevention Law、Wildlife Protection Law、Traditional Chinese Medicine、Law on Practicing Physicians, etc.。These provide adequate measures to respond to the new coronavirus pneumonia and protect the lives, health and safety of the people、Effective Sky bet system protection，Also for governments at all levels and their relevant departments、Medical and health institutions taking prevention and control measures and other units、Provides corresponding Sky bet basis for organizations and the general public to actively participate in prevention and control activities。Currently，Epidemic prevention and control work is also carried out on the track of the rule of law，We must give full play to the power and role of the rule of law in epidemic prevention and control。

　　Question 2: Recent，Some people do not comply with the relevant government measures for epidemic prevention and control，Serious consequences。Some people do not take the initiative to report fever symptoms，Some people fabricate and spread false information related to the epidemic，Some people deliberately conceal their itinerary to the place where the epidemic occurred，Some people have been diagnosed or have been informed that they are suspected patients，Still contacting others without taking protective measures。According to the law，What Sky bet responsibilities do these people need to bear？

　　Yuan Jie, director of the Administrative Law Office of the Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress, answered: According to my country's Infectious Disease Prevention and Control Law、Emergency response method、Public Security Management Punishment Law and other laws and regulations，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，And truthfully provide relevant information；When patients with infectious diseases or suspected patients with infectious diseases are found，Should be reported to the nearby disease prevention and control agency or medical institution in a timely manner。No fabrication is allowed、Spreading false information about the development of emergencies or emergency response work；Patient、Pathogen carrier、Suspected patient，Before cured or before the suspicion of infectious disease is ruled out，Should receive isolation treatment in accordance with the law，Not allowed to practice law、Work that is likely to spread the infectious disease is prohibited by administrative regulations and the health administration department of the State Council。We would like to remind everyone，Citizens perform these obligations stipulated in the law，Not only responsible for your own life and health，Also for relatives and friends、Other citizens are responsible，He is using practical actions to contribute to winning the battle against the epidemic。

　　What needs to be emphasized is，For units and individuals who fail to fulfill their obligations under the above laws，Should bear Sky bet responsibility according to law。For example，A unit or individual violates the law，Disobey the decisions issued by the local government and its relevant departments、Order or fail to cooperate with measures taken in accordance with the law，Constituting violations of public security management，Punishments shall be imposed by the public security organs in accordance with the law。Refuse to undergo isolation treatment or leave isolation treatment without authorization before the isolation period is over，The public security organs can assist medical institutions in taking compulsory isolation treatment measures。With violence、Threats that prevent state agency staff from performing their duties in accordance with the law or obstructing Red Cross staff from performing their duties in accordance with the law，Criminal liability can be pursued in accordance with Article 277 of the Criminal Law。

　　Another example，Patient or suspected patient violated the provisions of the Infectious Disease Sky bet and Control Act，Refuse to implement the Sky bet measures proposed by the health and epidemic Sky bet agencies in accordance with the law、Control Measures，Intentionally spreading the epidemic or allowing the epidemic to spread，Based on the subjective malignancy of the perpetrator、Behavioral methods and harmful consequences, etc.，According to the Criminal Law on the crime of hindering the Sky bet and control of infectious diseases、Intentional injury、Relevant provisions on conviction and punishment for the crime of endangering public safety by dangerous means。

　　Zairu，To those who fabricate and spread false Sky bet information，Order to correct、Give warning，Constituting violations of public security management，Punishments shall be imposed by the public security organs in accordance with the law。For those who seriously disrupt social order，Criminal liability can be pursued in accordance with the provisions of Article 291 of the Criminal Law。

　　Now，People across the country realize it，The battle against epidemic Sky bet and control is a battle without smoke，Medical staff、Scientific researchers are working hard on the front line，Everyone of us，Every unit、Organizations must persevere，Do your own thing in accordance with the law，Everyone acts in accordance with the law，We believe we can win this resistance war。

　　Question 3: In epidemic prevention and control work，Some places use card interception、Isolate the epidemic by cutting off roads and blocking traffic，Please follow the Sky bet provisions，Are these practices Sky bet？How to do it legally？

　　Yuan Jie answered: General Secretary Xi Jinping emphasized，We must strictly implement laws and regulations on epidemic prevention and control and emergency response，Strengthen risk assessment，Prudent decision-making in accordance with the law，Strictly implement prevention and control measures in accordance with the law，Resolutely prevent the spread of the epidemic。According to the Infectious Disease Prevention and Control Act、Emergency response method、Provisions of laws and regulations such as emergency regulations for public health emergencies，Governments at all levels and their relevant departments can take necessary measures to prevent and control the epidemic，Mainly include: (1) Isolation measures for patients or suspected patients in accordance with the law。(2) Take emergency measures to cut off the transmission route of infectious diseases，Such as restricting or stopping crowd gathering activities；Stop work、Closed、Closed；Seal or seal public drinking water sources contaminated by infectious pathogens、Food and related items；Control or cull infected wild animals、Livestock and poultry；Closing places that may cause the spread of infectious diseases。(3) Implement traffic health quarantine。(4) According to the needs of infectious disease epidemic control，Temporary requisition of houses in accordance with the law、Transportation and related facilities、Equipment，However, compensation should be provided in accordance with the law，What can be returned should be returned in time。(5) Strengthen and improve the construction of infectious disease medical treatment service network，Designate medical institutions with the conditions and capabilities to treat infectious diseases to undertake the task of treating infectious diseases，Or set up an infectious disease hospital according to the needs of infectious disease treatment。current，Governments at all levels and their relevant departments are effectively performing their Sky bet duties，Adopt epidemic prevention and control measures，These are necessary，It also has a Sky bet basis。I hope everyone is doing this for the safety of the whole society，More understanding、Support and Cooperation，Hand in hand、Work together，Strive to win the battle against the epidemic as soon as possible。

　　What needs to be noted here is，The subject to take epidemic prevention and control measures must be qualified、Moderate measures。So-called subject qualification，That is to say, these prevention and control measures can only be implemented by the government and its relevant departments in accordance with the law，Other units and individuals are not allowed to set up cards to intercept without approval、Broken circuit and blocked circuit、Blocking traffic and other behaviors that infringe upon the legitimate rights and interests of citizens。The so-called measures are moderate，In other words, according to Sky bet provisions，Epidemic prevention and control measures taken by governments at all levels and their departments，Also consider the nature of the social harm that the epidemic may cause、Appropriate to the extent and scope；There are many measures to choose from，The choice should be made to protect citizens to the greatest extent、Measures on the rights and interests of Sky bet persons and other organizations。Anyway，According to the law，Providing scientific and orderly epidemic prevention and control work in accordance with the law is an important guarantee for winning the battle against the epidemic。People's governments at all levels and relevant departments、All state workers should perform their epidemic prevention and control responsibilities in accordance with the law。Failed to perform duties in accordance with the law，Abuse of power、Neglect of duty、Practice for personal gain，Penalize according to law；Constituting a crime，Pursuing criminal responsibility according to law。

　　Question 4: During this epidemic Sky bet and control period，Generous donations from all walks of life，Dedicate love，Watch and help。But in the work of receiving and distributing donations，There are opaque, non-standard and even illegal behaviors，Questioned by the public。How does the law regulate charitable donation activities？

　　Guo Linmao, director of the Social Law Office of the Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress, replied: One side is in trouble、Support from all directions。Since the outbreak of the new coronavirus pneumonia，All parts of the country donated a large amount of property to areas severely affected by the epidemic，Fully reflects the Chinese nation’s willingness to give to others、The excellent moral character and cultural tradition of helping each other。Many countries and regions have also given strong support to the Chinese government and people in fighting the epidemic。General Secretary Xi Jinping emphasized，Donations must be regulated according to law、Acceptance of gifts，Ensure that all donated property is used for epidemic prevention and control in a timely manner。We must conscientiously implement the instructions of General Secretary Xi Jinping。About charity donation activities，my country’s Public Welfare Donation Law、Charity Law、The Red Cross Law and other laws have made relatively clear and specific provisions from different aspects，Mainly includes the following contents:

　　First, encourage donations。Relevant laws not only advocate and encourage charitable donations，Also stipulated，Natural persons who have made outstanding contributions to charitable donations、Sky bet person or other organization，To be commended by the people's government or relevant departments；Natural person、Sky bet entities and other organizations donate property for charity activities，Enjoy tax benefits in accordance with the law，Exemption from administrative fees related to rights transfer in accordance with the law。

　　The second is openness and transparency。Charitable donations belong to charity，Every penny and every item should be made public。Sky bet regulations，The recipient should report the circumstances of accepting the donated property and the use of the donated property、Management situation，Be authentic in different ways、Complete、Timely disclosure of information。

　　The third is timely and efficient。Many charitable donations have specific emergency uses，Should be shipped quickly。For example，Provisions of the Public Welfare Donation Sky bet，For donations of property accepted for disaster relief，Should be used in timely rescue activities。Charity Sky bet Provisions，Charitable organizations should actively carry out charitable activities，full、Efficient use of charitable assets。

　　Fourth is fair and reasonable。Public charity property belongs to specific public goods，Should adhere to the principle of fair and reasonable distribution and use，Do not change the use of donated property without authorization。How to be fair and reasonable，According to Sky bet provisions: First, respect the wishes of the donor；The second is to execute in accordance with the donation agreement entered into between the recipient and the donor；Third, interested parties must not be designated as beneficiaries。

　　The fifth is to accept supervision。In accordance with the provisions of the Sky bet，The supervision of charity donations mainly reflects two aspects: first, government supervision。For example，Charity Sky bet Provisions，Civil affairs departments should perform their duties in accordance with the Sky bet，Supervise and inspect charity activities；Red Cross Sky bet Provisions，The Red Cross accepts social donations and uses them，Accept the supervision of the civil affairs department of the people's government in accordance with the Sky bet。The second is social supervision。For example，Charity Sky bet Provisions，Any unit or individual discovers that a charitable organization has committed illegal acts，You can contact the civil affairs department、Complaints from other relevant departments or charity industry organizations；The state encourages the public、Media supervision of charity activities。Red Cross Sky bet Provisions，The Red Cross should establish and improve the information disclosure system，Accept social supervision。

　　Sixth, accountability according to law。Violating Sky bet provisions in charity activities，Should bear Sky bet responsibility according to law。The Sky bet liability stipulated by the law generally has four aspects according to different situations: administrative sanctions、Administrative penalties、Bear civil liability、Pursuing criminal responsibility。Especially for private division、Misappropriation、Intercepted、Acts such as misappropriation of donated property，More importantly, severe punishment must be carried out in accordance with the law。

　　Rule of Sky bet requires that all national undertakings be brought into the orbit of the rule of Sky bet，It is even more necessary for the whole society to act in accordance with the Sky bet。So，Donors with charitable deeds must donate legally，Donated items must be safe、Hygiene、Environmental protection and other standards，Keep your promise；Red Cross、All kinds of charitable organizations must be timely and efficient in accordance with the Sky bet、Fair and reasonable distribution of donated items，A worthy donor，A worthy beneficiary；Relevant government departments must strictly supervise the use of donated funds and materials in accordance with the Sky bet，Responsible to the party，Responsible to the people。At the same time，The whole society is also welcome to supervise public welfare and charitable donation activities，Contribute to the development of charity in China。

　　Question 5: Many companies have reported recently，Affected by the Sky bet，Many obligations stipulated in the contract cannot be performed normally，What specific provisions does the law have on this?？

　　Zang Tiewei’s answer: The new coronavirus pneumonia epidemic is currently a public health emergency in our country。To protect public health，The government has also taken corresponding epidemic Sky bet and control measures。For parties who are unable to perform the contract，Unforeseen、Unavoidable and insurmountable force majeure。According to relevant provisions of contract law，Unable to perform the contract due to force majeure，According to the impact of force majeure，Partial or full exemption from liability，Unless otherwise provided by law。

　　Question 6: The National People’s Congress Standing Sky bet is preventing and controlling the epidemic，What measures are taken to protect the lives and health of the people？

　　Zang Tiewei’s answer: The National People’s Congress and its Standing Sky bet always adhere to the people-centered approach，Attach great importance to the exercise of statutory powers，Protect people’s life safety and health。From a legislative perspective，The Standing Sky bet of the National People’s Congress has formulated a drug management law、Food Safety Law、Infectious Disease Prevention and Control Law、Frontier Health and Quarantine Law、Practicing Physician Law、Traditional Chinese Medicine Law and many other laws in the medical and health fields，Leading and promoting the development of health care through legislation，Guarantee citizens’ access to basic medical and health services。2019 only，Speed ​​up the pace of legislation，The vaccine management law was formulated in a relatively short period of time、Basic Medical Hygiene and Health Promotion Law，Revision of the Drug Administration Law，To improve citizens’ health，Promote the construction of a healthy China and provide legal guarantee。

　　While formulating and amending laws，The National People’s Congress Standing Sky bet also attaches great importance to strengthening and improving supervision work，Promote relevant parties to conscientiously implement the legal system，Put the legal provisions on paper into practice。For example，2018，The Standing Sky bet of the National People’s Congress will carry out inspections on the law enforcement of the Infectious Disease Prevention and Control Law in the first year of this term，Point out seven major issues in infectious disease prevention and control in the law enforcement inspection report，And proposed to study and revise relevant laws as soon as possible，Suggestions on improving the legal construction of infectious disease prevention and control。

　　current，Under the strong leadership of the Party Central Sky bet with Comrade Xi Jinping as the core，People of all ethnic groups across the country are working tirelessly to win the battle against the epidemic。General Secretary Xi Jinping clearly pointed out，Relevant legislation for epidemic prevention and control must be improved，Strengthen the construction of supporting systems，Improving the penalty procedures，Strengthen public safety，Complete build system、Scientific Standards、Operating an effective legal system for epidemic prevention and control。Next step，According to the decision-making and deployment of the Party Central Sky bet，The Standing Sky bet of the National People’s Congress will base on the actual needs of epidemic prevention and control，Speedly revise and improve relevant laws and issue relevant decisions，Provide a more solid legal guarantee to win the battle against epidemic prevention and control。

　　Question 7: Indiscriminate eating of wild animals seriously threatens public health safety，All aspects of society react strongly to this。What measures does the Standing Sky bet of the National People’s Congress take in this regard？

　　Wang Ruihe, Director of the Economic Law Office of the Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress, answered: The public health and safety risks that may be caused by the trading and consumption of wild animals have attracted great attention around the world。In order to effectively protect the life safety and health of the people，There is a general demand from all quarters to further improve the legal system regarding wildlife，Strengthen law enforcement supervision，Crack down on illegal wildlife trade，Resolutely get rid of the bad habit of eating wild animals indiscriminately，Strengthening source control of major public health safety risks。

　　The Party Central Sky bet requires that the new coronavirus epidemic must be prevented and controlled in accordance with the law，Increase legislation、Law Enforcement、Strength of legal popularization work。We must promptly study the shortcomings and weaknesses of the current legal system related to epidemic prevention and control，Summary of experience and lessons learned from legal implementation，Timely addition and improvement。In the current legal system，Laws directly related to wildlife mainly include wildlife protection laws、Fisheries Law、Animal Epidemic Prevention Law and Entry and Exit Animal and Plant Quarantine Law, etc.。Of course，The most important one is the Wildlife Protection Law。This law was systematically revised in 2016，Established protection priority、Standard use、Principles of strict management，From Hunting、Transaction、Use、Transportation、Strict regulations have been made on all aspects of eating wild animals，Especially for prominent issues such as overeating wild animals，Established a series of sciences、Reasonable system。After the revised law is implemented，The protection status of wild animals has improved。But judging from all aspects，There are still some problems: First, the relevant supporting regulations have not been issued in time、Perfect，Specific measures on wildlife protection、Directory、Standard、Technical regulations, etc. have not yet been issued and improved in time。Second, supervision, inspection and law enforcement are not strong enough，Failure to resolutely ban some illegal wildlife trading markets、Close，Even in many places，The wild game market is flooding，Related industries are very large，Major hidden danger to public health and safety。Third, the legislative purpose of the Wildlife Protection Law is mainly to protect precious animals、Endangered wild animals，And adopt internationally accepted directory protection methods。Therefore，It is necessary to further supplement and improve relevant laws and regulations such as the Wildlife Protection Law，Expand the scope of legal adjustments，Intensify efforts to combat and punish indiscriminate hunting and eating of wild animals。

　　In order to resolutely implement the various arrangements of the Party Central Sky bet on providing legal guarantee for winning the war against the epidemic，The Legal Affairs Sky bet of the Standing Sky bet of the National People’s Congress has made arrangements to start the revision of the Wildlife Protection Law，It is planned to include the revision of the Wildlife Protection Law in the Standing Sky bet’s legislative work plan for this year，And speed up the revision process of laws such as the Animal Epidemic Prevention Law。At the same time，The Legal Affairs Sky bet of the Standing Sky bet of the National People's Congress is also studying a decision on legal issues to be made by the Standing Sky bet in the near future。

Editor: Wang Shiyang