Does the community have the right to close its doors during the pandemic?

Legal Analysis: Trace search rulers are illegal.

Legal basis: National Emergency Plan for Public Health Emergencies

8) Carry out mass prevention and treatment: streets, townships (towns), neighborhood committees, and village committees assist health administrative departments, other departments, and medical institutions in the collection and reporting of epidemic information, the dispersion and isolation of personnel, and the implementation of public health measures. According to the above provisions, the community has the right to take measures to close the community and ensure the safety of the residents of the community.

Legal Analysis: Legal.

During the epidemic period, when the local ** issued a document, the community and village neighborhood committees can carry out self-help work.

Legal basis: "Emergency Response Law of the People's Republic of China" Article 55: The residents' committees, villagers' committees, and other organizations in the place where the emergency occurs shall, in accordance with the decisions and orders of the local people, carry out publicity and mobilization, organize the masses to carry out self-help and mutual rescue, and assist in maintaining social order.

Legal analysis: Whether the closure of the epidemic community is legal or not depends on the specific situation. If there is conclusive evidence that there are a large number of infected patients in a community, and if the lockdown management is not carried out, it may cause the spread of infectious diseases, and the administrative organ has the right to make a decision on the closure and management of the community in accordance with the relevant laws and regulations.

At this time, the decision of the administrative organ to close the management of the community does not constitute an infringement of the citizen's right to freedom of movement. On the contrary, if there is no evidence to prove that there are patients infected with the virus in a community, then the administrative authorities have no right to decide that the community should be closed for management. At this time, the decision of the administrative authorities to close the management of the community is an infringement on the freedom of movement of citizens, because its decision has no legal basis.

Legal basis: "Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases" Article 42 When an infectious disease breaks out or becomes prevalent, the local people at or above the county level shall immediately organize forces to prevent and control the disease in accordance with the prevention and control plan, cut off the transmission route of the infectious disease, and when necessary, report to the people at the next higher level for decision, and may take the following emergency measures and make a public announcement:

1) Restricting or stopping fairs, theater performances, or other activities where people gather;

2) Suspension of work, business, or school;

3) Sealing or sealing public drinking water sources, food, and related articles contaminated by infectious disease pathogens;

4) Controlling or culling infected wild animals, domestic animals and poultry;

5) Closing places that may cause the spread of infectious diseases.

When a higher-level people** receives a report from a lower-level people** on the adoption of the emergency measures listed in the preceding paragraph, they shall immediately make a decision.

The lifting of emergency measures is to be decided and announced by the organ that made the original decision.

Legal analysis: During the epidemic, the closure of doors and roads requires the approval and consent of the higher authorities, and if there is no private closure of doors and roads, it is illegal. The Ministry of Public Security has also issued a statement that illegal acts such as setting up cards to intercept and block traffic without approval should be immediately reported to the party committee and the party committee, and handled properly in accordance with the law to maintain normal traffic order.

In the event of an outbreak or epidemic of Class A or Class B infectious diseases, the local people at or above the county level may declare part or all of the administrative area to be epidemic areas upon the decision of the people at the next higher level; Epidemic areas across provinces, autonomous regions, and municipalities directly under the Central Government may be decided and declared. Local people** at or above the county level may take the emergency measures provided for in Article 42 of this Law in epidemic areas, and may carry out sanitary quarantine of personnel, materials and means of transportation entering and leaving epidemic areas.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Infectious Diseases

Article 41: For persons in places where cases of Class A infectious diseases have already occurred or in specific areas within the premises, the local people** at or above the county level where they are located may implement isolation measures, and at the same time report to the people** at the next higher level; The people at the higher level who receive the report shall immediately make a decision on whether to approve it. Where higher-level people** make a decision not to approve it, the people** who are implementing the isolation measures shall immediately lift the isolation measures.

Article 43 In the event of an outbreak or epidemic of a Class A or Class B infectious disease, the local people at or above the county level may declare part or all of the administrative area to be an epidemic area upon the decision of the people at the next higher level; Epidemic areas across provinces, autonomous regions, and municipalities directly under the Central Government may be decided and declared. Local people** at the county level may take the emergency measures provided for in Article 42 of this Law in the epidemic area, and may carry out health quarantine on persons, goods, and means of transportation entering and leaving the epidemic area.

Legal Analysis: Legal. During the epidemic period, when the local ** issued a document, the community and village coarse neighborhood committees can carry out self-help work

Legal basis: Lingla "Emergency Response Law of the People's Republic of China" Article 55 Yanwangshi The residents' committees, villagers' committees and other organizations in the place where the emergency occurred shall, in accordance with the decisions and orders of the local people, carry out propaganda and mobilization, organize the masses to carry out self-help and mutual rescue, and assist in maintaining social order.

Legal analysis: 1. The community implements closed management. From now on, only the only entrance and exit will be reserved in all communities, and residents can enter and exit by themselves to purchase daily necessities, carry masks with them when they go out, maintain a certain social distance, and wear masks in a timely and correct manner when entering crowded places, entering medical institutions, and taking public transportation.

2. Strict personnel control. If you really need to return to the farm, please report to the community where you live in time, and provide nucleic acid testing and other relevant certificates according to the epidemic prevention requirements. All residents in the site area, without special emergency reasons, try to minimize the number of times they go out (especially to medium- and high-risk areas of the epidemic), wear masks when going out, do not gather, gather, or have dinners, conscientiously do a good job of personal protection, cooperate with management and inspection, and reduce cross-infection.

3. Strict management discipline. Strictly investigate and control, strictly manage, severely punish those who do not obey laws and regulations such as management personnel, and pursue criminal responsibility if it constitutes a crime.

Legal basis: Emergency Response Law of the People's Republic of China Article 55 The residents' committees, villagers' committees and other organizations at the place where the emergency occurs shall, in accordance with the decisions and orders of the local people, carry out publicity and mobilization, organize the masses to carry out self-help and mutual rescue, and assist in maintaining social order.