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Should check, can you check?
It is an important measure for epidemic prevention and control to carry out nucleic acid testing for all staff, and it is the legal obligation of every citizen to actively cooperate with nucleic acid testing. Please take an active part, remind each other, and strive to "leave no one behind". For those who do not participate in the test, relevant departments will take relevant measures. The police reminded that it is illegal to refuse to participate in nucleic acid testing in violation of epidemic prevention regulations.
Legal responsibility for refusing to cooperate with nucleic acid detection during the epidemic. According to Article 12 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases, all units and individuals in People's Republic of China (PRC) must accept the prevention and control measures such as investigation, inspection, sample collection and isolation treatment of infectious diseases by disease prevention and control institutions and medical institutions, and provide relevant information truthfully.
People's government notice included in the scope of nucleic acid testing personnel to resist, escape or refuse to participate in the unified organization of nucleic acid testing without justifiable reasons, the public security organs will be based on the "People's Republic of China (PRC) Public Security Management Punishment Law" Article 50, paragraph 1 (a) of the provisions, refused to implement the decisions and orders issued by the people's government in an emergency, shall be given a warning, fines, detention and other administrative penalties; Those who cause the spread of infectious diseases or have a serious risk of spread will be sentenced to fixed-term imprisonment of not more than three years or criminal detention on suspicion of obstructing the prevention and control of infectious diseases according to Article 330 of the Criminal Law of People's Republic of China (PRC); If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
In the epidemic prevention and control measures in novel coronavirus, nucleic acid detection is a key and effective means to quickly find infected people, and then take control measures to control the source of infection and cut off the route of transmission. Especially when the source of the risk is unknown, it is necessary to complete the nucleic acid detection in the designated area within the specified time, and judge the epidemic risk according to the detected infected persons and distribution, and then decide whether the next round of nucleic acid detection is needed. Only by doing "due diligence" as soon as possible, finding the source of infection in time and cutting off the route of transmission can we control the epidemic situation as soon as possible and reduce the number of rounds of nucleic acid testing. If "due diligence" cannot be done, it is necessary to find the infected person through multiple rounds of nucleic acid testing.
Legal basis:
Article 12 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases All units and individuals in People's Republic of China (PRC) must accept the investigation, inspection, sample collection and isolation treatment of infectious diseases by disease prevention and control institutions and medical institutions, and provide relevant information truthfully. Disease prevention and control institutions and medical institutions shall not disclose relevant information and materials involving personal privacy.
Where the administrative department of health and other relevant departments, disease prevention and control institutions and medical institutions illegally implement administrative management or prevention and control measures and infringe upon the legitimate rights and interests of units and individuals, the relevant units and individuals may apply for administrative reconsideration or bring a lawsuit according to law.
Fiftieth article of People's Republic of China (PRC) Public Security Administration Punishment Law
One of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(a) refusing to implement the decisions and orders issued by the people's government in an emergency;
(two) hinder the staff of state organs to perform their duties according to law;
(3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;
(four) forcibly broke into the warning tape and the warning zone set up by the public security organs.
Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.
Article 330th of the Criminal Law of People's Republic of China (PRC), in violation of the provisions of the Law on the Prevention and Control of Infectious Diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances, which causes the spread of Class A infectious diseases and infectious diseases whose prevention and control measures are determined according to law, or is in serious danger of spread; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) the drinking water supplied by the water supply unit does not meet the hygienic standards prescribed by the state;
(2) refusing to disinfect sewage, dirt, places and articles contaminated by infectious disease pathogens according to the hygiene requirements put forward by the disease prevention and control institutions;
(3) allowing or conniving patients with infectious diseases, pathogen carriers and suspected patients with infectious diseases to engage in the work that is prohibited by the administrative department of health of the State Council and is easy to spread the infectious diseases;
(4) Selling or transporting articles contaminated or possibly contaminated by infectious disease pathogens in epidemic areas without disinfection;
(five) refusing to implement the prevention and control measures put forward by the people's governments at or above the county level and the disease prevention and control institutions according to law.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
The scope of Class A infectious diseases shall be determined in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases and the relevant provisions of the State Council.
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