Is it legal to prevent and control the epidemic and close the village?

It is illegal to prevent and control the epidemic and close the village.

It is illegal to close villages and roads at will during the epidemic. Closing villages and roads requires the authorization and approval of the government. To prevent the spread of the epidemic, it is necessary to choose the correct isolation method and set up warning signs and warning lines. And we shouldn't destroy the expressway without permission, otherwise, if the circumstances are serious, we need to bear criminal responsibility.

Isolation measures for specific "places" or comprehensive blockade measures for "epidemic areas" shall be decided and implemented by the local people's government. The legal nature of village committees and neighborhood committees is only grass-roots mass autonomous organizations, and property management enterprises are only civil subjects who undertake property management according to the contract. Obviously, they have no right to take the aforementioned prevention and control measures that have a significant impact on the rights and interests of the parties without authorization. Of course, when the corresponding people's government makes a decision according to law, it has the obligation to cooperate with the implementation of these prevention and control measures. Be sure to choose the right way to isolate the virus, such as setting warning signs and warning lines, and don't choose the way of setting up roadblocks, such as piling up stones or dirt. A similar method will not only prevent ambulances from getting in and critically ill patients from getting out, but also may constitute a crime of damaging traffic facilities.

Legal basis:

Criminal law of the people's Republic of China

Article 3 If a crime is explicitly stipulated by law, it shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.

Article 117 Whoever sabotages tracks, bridges, tunnels, highways, airports, navigation channels, lighthouses, signs or engages in other sabotage activities, which is enough to overturn or damage trains, cars, trams, ships and aircraft, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Illegal acts such as setting up checkpoints, breaking roads and blocking traffic without approval should be reported to the party Committee and government immediately, and handled safely according to law to maintain normal traffic order. Be sure to choose the right way to isolate the virus, such as setting warning signs and warning lines, and don't choose the way of setting up roadblocks, such as piling up stones or dirt. A similar method will not only prevent ambulances from getting in and critically ill patients from getting out, but also may constitute a crime of damaging traffic facilities.

Article 119 Whoever destroys means of transport, traffic facilities, power equipment, gas equipment and inflammable and explosive equipment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Infectious disease prevention and control act

Article 41 The local people's governments at or above the county level may take isolation measures against the persons in the places where cases of Class A infectious diseases occur or in specific areas within the places, and report to the people's governments at the next higher level at the same time; The people's government at a higher level that receives the report shall immediately make a decision on approval or disapproval. If the people's government at a higher level makes a decision not to approve, the people's government that implements the isolation measures shall immediately lift the isolation measures.

Article 43 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to block the epidemic areas of Class A infectious diseases within their respective administrative areas.