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| Questions and answers about laws and regulations on the prevention and control of the novel coronavirus pneumonia epidemic |
| Source: Zhonglun Wende Taiyuan Law Firm, January 30
|
| 2020/3/3 10:04:24 |
1. China's laws and regulations on the prevention and control of pneumonia caused by the novel coronavirus
Main laws and regulations:The Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, the Frontier Health and Quarantine Law of the People's Republic of China, the Animal Epidemic Prevention Law of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Criminal Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Regulations on Public Health Emergencies, the National General Emergency Plan for Public Emergencies,The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Specific Application of the Law in Handling Criminal Cases Affecting the Prevention and Control of Infectious Disease Outbreaks and other Disasters, and other laws, administrative regulations, departmental rules and normative documents，Also with reference to the International Health Regulations (IHR)2005) and relevant international treaties and bilateral agreements。
2. Questioners on the prevention and treatment of pneumonia caused by the novel coronavirus
1The pneumonia infected by the new coronavirus is not a legal infectious disease？
Professional solution
According to Article 3, paragraph 5, of the Law on the Prevention and Treatment of Infectious Diseases of the People's Republic of China, the administrative department of health under The State Council may, in the light of the outbreak, prevalence and degree of harm of infectious diseases, decide to increase, reduce or adjust the number of B and C infectious diseases and announce them。The provisions of the new coronavirus infection of pneumonia is a notifiable infectious disease。
After the approval of The State Council, the National Health Commission in2020年1月20Daily release2020年第1Announcement no.，The pneumonia infected by the novel coronavirus will be included in the Class B infectious diseases regulated by the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases，Measures for the prevention and control of class A infectious diseases shall be taken，The pneumonia infected by the novel coronavirus shall be included in the management of quarantinable infectious diseases as stipulated in the Frontier Health and Quarantine Law of the People's Republic of China。
questioner
2How can I determine whether I am a suspected exposure or close contact of pneumonia caused by the novel coronavirus？
Professional solution
2020年1月22The Disease Control and Prevention Bureau of the National Health Commission released the newly formulated "Management Plan for Suspected Exposure and Close Contacts of pneumonia infected by Novel Coronavirus (second edition)", which clearly defines the criteria for determining suspected exposure and close contacts of pneumonia infected by novel coronavirus:
(1) Close contacts of the case。People who have been in contact with any of the following cases after the onset of illness, but have not taken effective protection:
（1People who live, study, work with the case, or have other close contact with the case, such as working in close proximity to the case or sharing the same classroom or living in the same house as the case;
（2Medical staff, family members or other personnel who have similar close contact with the case, such as directly treating and nursing the case, visiting or staying in the closed environment where the case is located, other patients in the same room as the case and their accompanying staff;
（3Persons travelling on the same means of transport and in close contact with the case, including persons who have cared for the patient on the means of transport;People who travel with the patient (family, colleagues, friends, etc.);Other passengers and crew members who, after investigation and assessment, may have had close contact with the patient;
（4Persons assessed by field investigators to be consistent with other close contacts。
(2) Suspected exposure。Suspected exposure refers to people who are exposed to wild animals, goods and environments that test positive for the novel coronavirus and do not take effective protection at the time of exposure。
questioner
3What should I do if I am a suspected exposure or close contact of the novel coronavirus pneumonia？
Professional solution
In order to do a good job in the identification and management of close contacts of pneumonia cases infected by the novel coronavirus and suspicious exposure to positive animals and the environment，Effectively control the spread of disease，Suspected exposure to and close contact with pneumonia caused by the novel coronavirus，The second edition of the Plan for the Management of Suspected Exposures and close Contacts of pneumonia infected by the Novel Coronavirus has formulated clear management requirements。Suspected exposure and close contacts of the novel coronavirus pneumonia should take the initiative to accept their own management by the health administration。Management requirements are as follows:
First, medical observation of close contacts or suspected exposures of confirmed cases:
（1For close contacts who cannot be quarantined at home for medical observation, centralized quarantine observation can be arranged。The period of medical observation shall be from the last unprotected contact or suspected exposure with the case14天。
（2When conducting medical observation, the reason, duration, legal basis, precautions and disease-related knowledge of the medical observation shall be informed in writing or orally, as well as the contact person and contact information responsible for the medical observation。
（3Home medical observation subjects should live relatively independently and minimize contact with co-residents as much as possible。In principle, no going out.。If you have to go out, get approval from the medical observation manager, wear a disposable surgical mask, and avoid going to crowded places。
（4During the medical observation period, the designated management personnel shall take a temperature measurement every morning and evening, inquire about their health status, fill in the medical observation record form for close contacts, fill in the Medical Observation Registration Form for Close Contacts of pneumonia Cases infected with Novel coronavirus, and give necessary help and guidance。The Daily Statistical Report of Medical Observation of Close Contacts of pneumonia cases infected with Novel Coronavirus and the Daily Statistical Summary Table of Medical Observation of close Contacts of pneumonia cases infected with novel Coronavirus are for reference when summarizing medical observation of close contacts。
（5During medical observation, respiratory tract infection symptoms such as fever, cough, shortness of breath and other symptoms of acute respiratory tract infection, such as fever, cough, should be reported to the local health department immediately, and sent to designated medical institutions for diagnosis and treatment according to regulations, collect specimens for laboratory testing and investigation。
（6Upon expiration of the medical observation period, if the above symptoms do not appear, the medical observation shall be discharged。
Secondly, health notification should be carried out for those with suspected exposure。For those suspected of exposure, the county-level health administrative department, together with relevant departments, shall organize a health notification, instruct them to seek medical attention in time when they have respiratory infection symptoms such as fever and cough, and take the initiative to inform them of their occupational or animal contact。
questioner
4How should units and individuals report pneumonia patients or suspected patients infected with the novel coronavirus？
Professional solution
The Law on the Prevention and Treatment of Infectious Diseases stipulates that any unit or individual that finds a patient of an infectious disease or a suspected patient of an infectious disease shall promptly report it to a nearby disease prevention and control institution or medical institution。
questioner
5How long is the time limit for the detection and reporting of pneumonia patients or suspected patients infected with the novel coronavirus？
Professional solution
2020年1月22The Disease Control and Prevention Bureau of the National Health Commission released the second version of the newly formulated "Novel coronavirus pneumonia case surveillance program (second edition)" on Monday, which clearly stipulates the "case discovery and reporting". When medical institutions at all levels and of all types find patients who meet the definition of suspected cases or confirmed cases, they should be notified2Direct online reporting within hours。After receiving the report, the CDC should immediately investigate and verify it2Complete the three-level confirmation audit of the report information through the network within hours。Medical institutions that do not have the conditions for direct reporting on the network should immediately report to the local county (district) level disease control and prevention agencies, and2Send the completed infectious disease report card within hours;County (district) level CDC after receiving the report, should immediately network direct report, and do a good job of follow-up information correction。
Through medical observation of close contacts, or in the process of determining cluster cases, or through other means of fever respiratory infection cases, after sampling and testing, if the novel coronavirus is positive, the local county (district) level CDC should immediately report the confirmed cases directly online。
The online direct reporting of diseases should be selected as "pneumonia infected by novel coronavirus", and reported as "suspected case" according to the criteria of "Diagnosis type". After the case is confirmed, the case reporting unit should revise the case to "confirmed case" in time.。
Suspected and confirmed cases should be classified by clinical severity according to the Diagnosis and Treatment Protocol for Novel Coronavirus Pneumonia (Trial Version 2)，Select "Non-pneumonia cases", "mild pneumonia cases", "severe pneumonia cases", "critical pneumonia cases" from the new sub-card "Clinical Severity" in the infectious disease report card.，Timely correction according to the progress of clinical symptoms。
Once clusters of cases (including suspected clusters) have been confirmed, the regional CDC should report to the Public Health Emergency Management Information system2Network direct reporting is performed within hours. The event level can be selected as "Unrated" first.。After the health department grades the event according to the risk assessment results, the event level can be adjusted accordingly。The relevant initial, progress and closing reports will be reported directly on the network in a timely manner。
questioner
6What isolation and prevention measures should be taken in a timely manner when medical care institutions and anti-epidemic agencies find pneumonia infected with the novel coronavirus？
Professional solution
The Law on the Prevention and Treatment of Infectious Diseases stipulates that medical institutions shall promptly take the following measures when discovering Class A infectious diseases:
(1) Patients and pathogen carriers shall be isolated for treatment, and the period of isolation shall be determined according to the results of medical examination;
(2) Suspected patients shall be treated separately in designated places before diagnosis;
(3) Patients, pathogen carriers and close contacts of suspected patients in medical institutions shall be placed under medical observation in designated places and other necessary preventive measures shall be taken。
Those who refuse isolation treatment or leave isolation treatment without authorization before the period of isolation has expired may be assisted by public security organs in taking compulsory isolation treatment measures。
When a medical institution finds a patient with a class B or C infectious disease, it shall take necessary treatment and measures to control the spread of the disease according to the condition。
Medical institutions must disinfect and dispose of their places, articles and medical wastes contaminated with pathogens of infectious diseases in accordance with the provisions of laws and regulations。
questioner
7When medical institutions treat patients with infectious diseases, how to implement the system of pre-detection and triage of infectious diseases？
Professional solution
The Law on the Prevention and Treatment of Infectious Diseases stipulates that people's governments at or above the county level shall strengthen and improve the construction of the network for the treatment and treatment of infectious diseases, designate medical institutions that have the conditions and ability to treat infectious diseases to undertake the task of treating infectious diseases, or set up hospitals for infectious diseases according to the need for treatment and treatment of infectious diseases。
Medical institutions shall implement a system of pre-examination and triage of infectious diseases;Infectious disease patients and suspected infectious disease patients should be guided to a relatively isolated triage point for initial diagnosis。If the medical institution does not have the corresponding treatment capacity, the copy of the patient and his medical record shall be transferred to the medical institution with the corresponding treatment capacity。
Medical institutions shall establish a system of pre-examination and triage of infectious diseases。A general hospital at or above secondary level shall set up an infectious disease department, which shall be specifically responsible for the triage of infectious diseases in the medical institution, and organize and manage the pre-detection and triage of infectious diseases in the medical institution。A medical institution without a department of infectious diseases shall set up a triage point for infectious diseases。Infectious disease departments and triage points should be clearly identified, relatively independent, well ventilated, reasonable procedures, with disinfection and isolation conditions and necessary protective equipment。Article 3 also stipulates that doctors in various departments of medical institutions shall pay attention to inquiring about the relevant epidemiological and occupational history of patients in the process of receiving treatment, and pre-check the patients for infectious diseases in combination with the patient's chief complaint, medical history, symptoms and signs。Patients who have been pre-examined as infectious disease patients or suspected infectious disease patients shall be triaged to infectious diseases departments or triage points for treatment, and necessary disinfection measures shall be taken at the receiving places。
questioner
8What are the legal obligations of persons entering, leaving or entering the country in the prevention and control of infectious diseases？
Professional solution
Article 4 of the Rules for the Implementation of the Frontier Health and Quarantine Law stipulates that persons, means of transport and containers entering or leaving the country, as well as baggage, goods and postal parcels that may spread quarantinable infectious diseases shall be subject to quarantine inspection in accordance with the provisions of these Rules, and only with the permission of the health and quarantine organ can they enter or leave the country。
Article 4 of the Frontier Health and Quarantine Law stipulates that all persons, means of transport, transport equipment and articles such as baggage, goods and postal parcels that may spread quarantinable infectious diseases shall be subject to quarantine inspection upon entry or exit, and only with the permission of a frontier health and quarantine office may they enter or leave the country。
questioner
9How should sewage, waste, feces, etc. contaminated with infectious disease pathogens be treated？
Professional solution
The Law on the Prevention and Control of Infectious Diseases，Sewage, wastes, places and articles contaminated with pathogens of infectious diseases，The units and individuals concerned must be guided by or in accordance with the hygiene requirements set forth by the institutions for disease control and prevention，Conduct strict disinfection treatment;Refusing to be disinfected，Compulsory disinfection shall be carried out by the local public health administrative department or the disease prevention and control institution。
questioner
10What kind of transportation should patients with pneumonia or suspected patients infected with the new coronavirus take for medical treatment？
Professional solution
People from affected areas should be responsible for their own health and the health of others before arriving14During the day, minimize and avoid taking public transportation;When going out, you should wear a mask and strengthen your personal protection。Pneumonia patients infected with the novel coronavirus, suspected patients, and suspected exposure and close contacts who have fever and acute respiratory symptoms and need medical treatment should immediately go to the fever clinic of the nearest medical and health institution and cooperate with medical personnel to inquire about their own health and other conditions。If you need a ride to the hospital, you should call120、999Wait for emergency calls, take an ambulance to a medical facility, and avoid taking public transportation to a medical facility。
questioner
11How to deal with pneumonia patients infected with new coronavirus found on public transportation such as trains and planes？
Professional solution
According to the Regulations on Emergency Response to Public Health Emergencies, the person in charge of an infectious disease patient or suspected infectious disease patient found on a vehicle requiring emergency control measures according to the provisions of the competent department of health administration under The State Council shall notify the forward stopping point in the fastest way and report to the operating unit of the vehicle。The forward stopping points and operating units of means of transport shall immediately report to the administrative department of means of transport operating units and the administrative department of public health of the local people's government at or above the county level。Upon receiving the report, the competent department of public health administration shall immediately organize the relevant personnel to take corresponding medical treatment measures。
The administrative departments of public health under the people's governments at or above the county level or the administrative departments of railways, communications and civil aviation at the means of transport where the means of transport stop shall, in accordance with their respective functions and in accordance with the provisions of the laws and administrative regulations on the prevention and treatment of infectious diseases, take control measures。
Where emergency control measures for infectious diseases are required for persons, means of transport, goods, containers, baggage, postal parcels, etc. at frontier ports or on entry or exit, the provisions of frontier health and quarantine laws and administrative regulations shall apply。
Air, railway, long-distance passenger transport operators and road checkpoints should register the names, places of origin, places of residence, contact information and other information of people coming from epidemic areas。The relevant personnel shall cooperate and provide the relevant information truthfully。
questioner
12What should people from pneumonia areas infected with the new coronavirus pay attention to in preventing and controlling the spread of the epidemic？
Professional solution
People returning from epidemic areas should be observed at home as required14Day, daily to the unit or residence(村)The people's committee shall report the health status, cooperate with the service management of the neighborhood office, the township government and the community health service institution in the place of residence, and cooperate with the follow-up visit or telephone inquiry of the medical personnel on their own health status。People from affected areas should be responsible for their own health and the health of others before arriving14Take the initiative to monitor your body temperature in the morning and evening, or monitor your body temperature by yourself, and minimize or avoid taking public transportation and entering public places;When going out, you should wear a mask and strengthen your personal protection。When the aforementioned personnel have symptoms such as fever, fatigue, dry cough, etc., they shall immediately go to the fever clinic of the nearest medical and health institution for treatment, and cooperate with the medical personnel's inquiry about their own health and other conditions。
questioner
13, patients with novel coronavirus pneumonia, suspected patients and close contacts under quarantine observation do not obey the management, what should be done？
Professional solution
Article 39 of the Law on the Prevention and Treatment of Infectious Diseases stipulates that those who refuse isolation treatment or leave isolation treatment without authorization before the period of isolation has expired may be assisted by public security organs in taking compulsory isolation treatment measures。When a medical institution finds a patient with a class B or C infectious disease, it shall take necessary treatment and measures to control the spread of the disease according to the condition。
Article 44 of the Regulations on Emergency Response to Public Health Emergencies stipulates that patients, suspected patients and close contacts of infectious disease patients who need to receive isolation treatment or medical observation measures in emergencies shall cooperate with the competent department of health administration or relevant institutions when taking medical measures;uncooperative，The public security organ shall assist in enforcement according to law。
questioner
14How should units and individuals report pneumonia patients or suspected patients infected with the novel coronavirus？
Professional solution
Article 31 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases stipulates that any unit or individual that finds a patient of an infectious disease or a suspected patient of an infectious disease shall promptly report it to a nearby disease prevention and control institution or medical institution。
2020年1月22日，The General Office of the National Health Commission (NHC) has released the third version of the newly formulated Surveillance plan for pneumonia caused by Novel coronavirus.，The program has made clear provisions on "case discovery and reporting" : medical personnel at all levels and all types of medical institutions find suspected cases that meet the case definition，Immediate isolation treatment is required，And report to the relevant departments of medical institutions and the district CDC，By the medical authorities in2Organize the hospital or area within hours(县)Relevant experts consultation, if can not be diagnosed as a common respiratory pathogens caused by viral pneumonia, should be collected in time for pathogen testing。The suspected case was tested negative for respiratory pathogenic nucleic acid twice in a row(Sampling time At least interval1天)Can be excluded。
3. Q&a questioners on labor laws caused by isolation, treatment, etc
15, whether the work scope of pneumonia patients or suspected patients infected with the novel coronavirus is restricted？
Professional solution
Article 16, paragraph 2, of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, Infectious disease patients, pathogen carriers and suspected infectious disease patients shall not, before they are cured or cleared of suspicion of infectious disease, engage in any work that is prohibited by laws, administrative regulations and provisions of the administrative department of health under The State Council and is liable to spread the infectious disease。Because the pneumonia caused by the novel coronavirus is highly contagious, patients and suspected patients with pneumonia caused by the novel coronavirus should be isolated for treatment or observation and should not engage in any work until the pneumonia caused by the novel coronavirus is cured or confirmed。
questioner
16Whether the death due to the performance of the novel coronavirus infection pneumonia prevention and treatment duties is a work-related injury？
Professional solution
Article 64 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases，Persons engaged in the prevention, medical treatment, scientific research, teaching and on-the-spot handling of infectious diseases，And other personnel who are exposed to infectious disease pathogens in the course of production or work，The relevant units shall comply with the provisions of the State，Take effective health protection measures and medical care measures，And give appropriate allowances。
Ministry of Human Resources and Social Security, Ministry of Finance, National Health Commission2020年1月23Issued a notice on the protection of new pneumonia caused by personnel performing their duties (letter from the Ministry of Human Resources and Social Security)[2020]11In the prevention and treatment of the novel coronavirus pneumonia, medical care and related staff contracted the novel coronavirus pneumonia or died of the novel coronavirus pneumonia due to the performance of their work duties, should be recognized as work-related injuries, and enjoy work-related injury insurance in accordance with the law。
questioner
17How can the medical observation and life of pneumonia patients infected with the new coronavirus and close contacts be guaranteed？Is the period of isolation due to pneumonia or suspected symptoms of the novel coronavirus counted as absenteeism？How is work paid？
Professional solution
For suspected patients with novel coronavirus pneumonia and close contacts with patients and suspected patients with novel coronavirus pneumonia，After isolation or medical observation, it is ruled out as a patient or pathogen carrier，The salary during the period of isolation and medical observation shall be paid by the affiliated enterprise according to the salary during the normal working period，Absenteeism cannot constitute a serious violation of rules and regulations to terminate the labor contract。
During the period of isolation, the people's government implementing the isolation measures shall provide living guarantees for the quarantined persons。
questioner
18The labor contract expires during the isolation period of patients with novel coronavirus pneumonia, and whether the employer can terminate the contract？
Professional solution
Article 42 of the Labor Contract Law of the People's Republic of China，This includes workers who are engaged in operations exposed to occupational hazards and do not undergo pre-departure occupational health check-ups，Or patients suspected of occupational diseases are under diagnosis or medical observation;It is confirmed that the employer has lost or partially lost the ability to work due to occupational disease or work-related injury;Illness or non-work-related injury，Within the prescribed period of medical treatment;Female workers during pregnancy, perinatal period or breastfeeding period;Have worked in the unit continuously for at least 15 years，And less than five years from the statutory retirement age;Other circumstances provided for by laws and administrative regulations。
Article 45 of the Labor Contract Law of the People's Republic of China stipulates that when a labor contract expires, under any of the circumstances specified in Article 42 of this Law, the labor contract shall be extended until the corresponding circumstances disappear。
The period of isolation of patients with novel coronavirus pneumonia belongs to other circumstances prescribed by laws and administrative regulations, and the employer shall not terminate the labor contract due to the expiration of the labor contract, and the labor contract shall be extended to terminate when the worker is released from the isolation。
questioner
19Is the period during which a worker is quarantined or treated for pneumonia caused by the novel coronavirus counted as a medical period？
Professional solution
When the worker is in isolation, as mentioned above, it is normal attendance and should not be counted as medical treatment。
Patients who have been diagnosed with pneumonia caused by the novel coronavirus and stop working for treatment rest due to illness should be entitled to a medical treatment period。During the medical treatment period, the enterprise shall pay sick pay according to the labor contract or collective contract, and the sick pay shall not be lower than the local minimum wage standard80%。Article 2 of the Provisions on the Medical Treatment Period for Enterprise Employees who are sick or injured at Work stipulates that the medical treatment period refers to the time limit for enterprise employees to stop working and take a rest due to illness or non-work-related injury and not terminate the labor contract。The medical treatment period is based on the working life of the worker3Month to date24The period of medical treatment is six months, and the period of medical treatment for special diseases is defined separately。
questioner
20Q: How to deal with the situation where people cannot return in time due to the epidemic？
Professional solution
For employees who do not return to Guangdong in time due to the epidemic, after consultation with the employees, the enterprise may give priority to arranging paid annual leave for the employees。Among them, the cumulative work of employees has been full1Turn one's age10Year's, year's leave5Days;Be already full10Turn one's age20Year's, year's leave10Days;Be already full20Year's, year's leave15天。During the paid annual leave, the employee enjoys the same salary as during the normal working period。
Enterprises that have difficulties in production and operation due to the impact of the epidemic may, through consultation with employees, adjust salaries, rotate rest, shorten working hours and other ways to stabilize jobs, and minimize layoffs or layoffs。Qualified enterprises can enjoy stable post subsidies according to regulations。Where an enterprise suspends production within one wage payment cycle, the enterprise shall pay wages to its employees according to the standards stipulated in the labor contract。If more than one wage payment period, if the employee provides normal labor, the wages paid to the employee shall not be lower than the local minimum wage standard。If the staff and workers fail to provide normal work, the enterprise shall grant living expenses, and the standard of living shall be implemented in accordance with the measures prescribed by the provinces, autonomous regions and municipalities directly under the Central Government。
4. Market and price provisions questioner
21How should the operators of the business premises of the commercial and service industries prevent and respond to the pneumonia caused by the novel coronavirus and take effective measures？
Professional solution
The General Administration of Quality Supervision, Inspection and Quarantine issued the "Measures for the Prevention of Infectious diseases in commercial and service business premises" stipulates the technical measures that must be taken in the environment and facilities, hygienic quality of commodities (food), storage and supply, disinfection, service, staff health protection, publicity and warning during the epidemic of infectious diseases。The standard also requires all commercial enterprises to fulfill their due social responsibilities during epidemics of infectious diseases, ensure the supply of daily necessities for the public, and refrain from price gouging and selling fake and shoddy goods。
Operators and managers of public places such as hotels, restaurants, inns, cultural and entertainment places, commercial business units, public transport vehicles or other densely populated places shall implement disinfection, ventilation and other prevention and control measures in public places and densely populated places，In addition, people entering public places and other crowded places should be reminded and the knowledge of prevention and control should be publicized and educated。Construction units shall strengthen the prevention and control management of the living places of construction personnel, implement prevention and control measures, and strictly register personnel。
Business units providing accommodation services such as hotels and hostels shall faithfully register the names, places of origin, contact information and other information of passengers，Morning and evening temperature monitoring service for passengers，Find an anomaly，Timely report to local disease control and prevention agencies，Corresponding prevention and control measures shall be taken in accordance with the guidance of local disease prevention and control agencies;Where possible, a separate dining area should be provided for people from epidemic areas。The passenger shall cooperate and provide the relevant information truthfully。
In addition, in response to the epidemic, operators of railway, air transport and some online travel platforms have launched corresponding refund fee reduction measures for epidemic areas and confirmed and suspected patients and close colleagues。Transportation, tourism, catering, accommodation, entertainment and other relevant industry organizations, operators and platform operators, in the special period should strictly fulfill legal responsibilities, actively assume social responsibilities, timely and effective measures to properly deal with the reasonable demands of relevant consumers, reduce losses of all parties。Relevant industry organizations should also play a role in strengthening supervision and safeguarding rights according to law。
questioner
22According to the Price Law of the People's Republic of China, what acts of operators in the prevention and control of the novel coronavirus pneumonia epidemic are unfair price behaviors？
Professional solution
Article 14 of the Price Law of the People's Republic of China stipulates that business operators shall not engage in any of the following unfair pricing acts:
(一)Collude with each other to manipulate market prices and harm the legitimate rights and interests of other business operators or consumers;
(二)In addition to the disposal of fresh commodities, seasonal commodities, overstocked commodities and other commodities at reduced prices according to law, in order to exclude competitors or monopolize the market, they are dumped at prices below cost, disrupting the normal order of production and business, and harming the interests of the state or the legitimate rights and interests of other business operators;
(三)Fabricating or spreading information about price increases to drive up prices and promote excessively high commodity prices;
(四)The use of false or misleading price means to induce consumers or other business operators to transact with them;
(五)In providing the same goods or services, price discrimination shall be applied to other business operators with the same trading conditions;
(六)The acquisition, sale or provision of goods or services by means of raising or lowering the grade, thereby raising or lowering the price in disguised form;
(七)Violate the provisions of laws and regulations and seek excessive profits;
(八)Other unfair pricing acts prohibited by laws and administrative regulations。
questioner
23Whether citizens, relevant social organizations and news units can supervise prices？
Professional solution
Consumer organizations, workers' price supervision organizations, residents' committees, villagers' committees and other organizations, as well as consumers, shall have the right to exercise social supervision over price behaviors。The competent price department of the government shall give full play to the role of the masses in price supervision。News agencies have the right to supervise prices by public opinion。
questioner
24How to ensure the production and supply of medicines, equipment and other materials for the prevention and control of pneumonia caused by the novel coronavirus？
Professional solution
Article 92 of the Drug Administration Law of the People's Republic of China stipulates that the state implements a drug reserve system and establishes drug reserves at the central and local levels。In the event of major disasters, epidemics or other emergencies, drugs may be urgently invoked in accordance with the provisions of the Emergency Response Law of the People's Republic of China。
Article 63 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases stipulates that people's governments at or above the county level shall be responsible for stockpiling drugs, medical instruments and other materials for the prevention and control of infectious diseases in case they are called upon。
Article 32 of the Regulations on Public Health Emergencies，After an emergency，Relevant departments under The State Council and local people's governments at or above the county level and their relevant departments，The production and supply of medical rescue equipment, medicines, medical instruments and other materials required for emergency treatment shall be ensured;The administrative departments of railways, communications and civil aviation shall ensure timely transportation。
questioner
25In order to prevent and control pneumonia infected by the new coronavirus and ensure price stability, what functions and powers can the price authorities exercise？
Professional solution
Article 34 of the Price Law of the People's Republic of China stipulates that the competent price department of the government may exercise the following functions and powers when conducting price supervision and inspection:
（1Interrogate the parties or relevant personnel, and require them to provide supporting materials and other materials related to the price violation;
（2Inquire and copy the books, bills, vouchers, documents and other materials related to price violations, and check the bank information related to price violations;
（3Inspect the property related to the price violation and, if necessary, order the party concerned to suspend the relevant business;
（4Where evidence is likely to be destroyed or lost or difficult to obtain later, it may be registered and stored in advance according to law, and no person at the time or related may transfer, conceal or destroy it。
questioner
26During the new coronavirus pneumonia epidemic, what criminal responsibilities should be borne by acts of price gouging, profiteering and seriously disrupting market order？
Professional solution
Article 6 of the Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases that interfere with the Prevention and Control of Infectious disease Outbreaks and other Disasters provides that: Violations of State regulations on market operation and price management during the prevention and control of infectious disease outbreaks and other disasters，Price gouging and profiteering，Seriously disrupting market order，The amount of illegal gains is relatively large or there are other serious circumstances，In accordance with the provisions of Article 225 (4) of the Criminal Law，Convicted of illegal business operation，A heavier punishment according to law。
Article 225 of the Criminal Law，Violate state regulations，One of the illegal business practices，Disrupt market order，serious，Shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention，Shall also or shall only be fined not less than one time but not more than five times the illegal gains;The circumstances are particularly serious，To fixed-term imprisonment of not less than five years，They shall also be fined not less than one time but not more than five times the illegal gains or their property shall be confiscated。
questioner
27During the prevention and control of the new coronavirus pneumonia, what legal responsibilities should operators bear for violating the Price Law？
Professional solution
The Provisions on Administrative Penalties for Price Violations stipulate that business operators, in violation of the provisions of Article 14 of the Price Law, collude with each other to manipulate market prices, resulting in a relatively large rise in commodity prices, shall be ordered to make corrections, and their illegal gains shall be confiscated and concurrently imposed5A fine of not more than that;If there are no illegal gains, the punishment shall be10More than 10,000 yuan100A fine of not more than RMB yuan, if the circumstances are relatively serious100More than 10,000 yuan500A fine of less than RMB 10,000 yuan;If the circumstances are serious, it shall be ordered to suspend business for rectification, or its business license shall be revoked by the administrative department for industry and commerce。
In addition to the circumstances provided for in the preceding paragraph, business operators who collude with each other to manipulate market prices and harm the legitimate rights and interests of other business operators or consumers shall be punished in accordance with the provisions of Article 4 of these Provisions。Where trade associations or other units organize business operators to collude with each other to manipulate market prices, the business operators shall be punished in accordance with the provisions of the preceding two paragraphs;Trade associations or other units may be dealt with50If the case is serious, the registration administration organ shall cancel the registration and revoke the license according to law。
The Provisions on Administrative Penalties for Price Violations also stipulate that business operators, in violation of the provisions of Article 14 of the Price Law, have one of the following acts of promoting commodity prices to rise too fast or too high, shall be ordered to correct, and their illegal gains shall be confiscated and concurrently imposed5A fine of not more than that;If there are no illegal gains, the punishment shall be5More than 10,000 yuan50A fine of not more than RMB yuan, if the circumstances are relatively serious50More than 10,000 yuan300A fine of less than RMB 10,000 yuan;If the circumstances are serious, it shall be ordered to suspend business for rectification, or its business license shall be revoked by the administrative department for industry and commerce:
(1) fabricating or spreading information about price increases to disrupt the order of market prices;
(2) In addition to production for personal use, exceeding the normal storage quantity or storage period, stockpiling a large number of commodities with tight market supply and abnormal price fluctuations, and continuing to stockpiling after being warned by the competent pricing department;
(3) Using other means to drive up prices, pushing commodity prices to rise too fast or too high。
If a trade association or a unit providing services for commodity trading commits an illegal act as prescribed in the preceding paragraph, it may be punished50A fine of less than RMB 10,000 yuan;If the circumstances are serious, the registration administration authority shall cancel the registration and revoke the license according to law。
Where any unit other than those provided for in the preceding two paragraphs spreads false information on price increases and disturbs the order of market prices, and shall be investigated and dealt with by other competent authorities according to law, the competent price department may put forward proposals for punishment according to law, and the relevant competent authorities shall punish it according to law。
Article 12 Where a business operator refuses to provide information required for supervision and inspection in accordance with regulations or provides false information, it shall be ordered to make corrections and given a warning;Those who fail to make corrections within the time limit may be fined。
For illegal business acts that seriously disturb market order, the parties concerned should also be investigated for criminal responsibility according to the criminal law。
questioner
28Which criminal responsibilities shall be borne by units or individuals that produce or sell medical devices or medical health materials used for the prevention and control of infectious diseases that do not meet the national standards or industrial standards for the protection of human health？
Professional solution
Article 3 of the Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases that interfere with the Prevention and Control of Infectious disease Outbreaks and other Disasters provides that: During the prevention and control of infectious disease outbreaks and other disasters，The production of medical devices and medical hygiene materials for the prevention and control of infectious diseases that do not meet the national standards and industrial standards for the protection of human health，Or sell medical devices and medical hygiene materials that are knowingly used for the prevention and treatment of infectious diseases and do not meet the national or industrial standards for the protection of human health，It does not have the function of protection and treatment，Capable of seriously endangering human health，In accordance with Article 145 of the Criminal Law，To be convicted of producing or selling medical equipment that does not meet the standards，A heavier punishment according to law。
Any medical institution or individual who, knowing or should have known, purchases and uses with compensation medical devices or medical hygiene materials that do not meet the national or industrial standards for safeguarding human health as provided for in the preceding paragraph shall be convicted of the crime of selling medical devices that do not meet the standards and shall be given a heavier punishment according to law。
V. Questions and answers about laws and regulations
questioner
29What are the relevant provisions of the Frontier Health and Quarantine Law of the People's Republic of China？
Professional solution
The former Frontier Health and Quarantine Law of the People's Republic of China1987年5月1It shall come into force on the following day and shall be amended by the Standing Committee of the National People's Congress2007年12月29Promulgate and come into effect, total6章27Articles, including general provisions, quarantine, infectious disease surveillance, health supervision, legal liability and supplementary provisions。The purpose of the legislation is to prevent the spread of infectious diseases from abroad or from within the country, to carry out frontier health quarantine and to protect human health。
questioner
30Q: How does the Frontier Health and Quarantine Law of the People's Republic of China regulate the application of international treaties and bilateral agreements？
Professional solution
Article 24 of the Frontier Health and Quarantine Law of the People's Republic of China stipulates that if an international treaty on health and quarantine concluded or acceded to by the People's Republic of China contains provisions different from those of this Law, the provisions of the international treaty shall apply。However, the provisions on which the People's Republic of China has declared reservations are excluded。Article 25 provides，Exchanges in border areas between the border authorities of the People's Republic of China and those of neighbouring countries，Temporary movement of people living in the border area between two countries in a designated area of the border，Entry and exit quarantine of vehicles and persons of both sides，As agreed by both parties，non-negotiable，It shall be handled in accordance with the relevant provisions of the Chinese government。
questioner
31What are the relevant provisions of the National General Emergency Response Plan for Public Emergencies？
Professional solution
2005年1月26On the same day, The State Council No79The executive meeting adopted the "National General Emergency Response Plan for Public Emergencies", from2006年1月8Published and implemented on the same day。The purpose of the legislation is to improve the government's ability to safeguard public safety and handle public emergencies, prevent and reduce public emergencies and the damage caused by them to the greatest extent, safeguard public life and property safety, safeguard national security and social stability, and promote comprehensive, coordinated and sustainable economic and social development。All kinds of public emergencies are generally divided into four levels according to their nature, severity, controllability and scope of influence, etc. : Level I (particularly significant), level II (major), level III (large) and level IV (general)。This plan is applicable to the response work of particularly major public emergencies involving cross-provincial administrative divisions, or beyond the disposal capacity of the provincial people's government at the site of the incident。This plan guides the national response to public emergencies。
questioner
32What are the relevant provisions of the Public Health Emergency Response Regulations？
Professional solution
The Regulations on Public Health Emergencies have come into force2003年5月9The main contents are divided into general provisions, prevention and emergency preparedness, reporting and information release, emergency handling, legal liability, supplementary provisions, etc6章，共54条。Article 26: After the occurrence of an emergency, the competent department of health administration shall organize experts to conduct a comprehensive assessment of the emergency, preliminarily judge the type of the emergency, and make recommendations on whether to initiate the emergency response plan。Article 27 A national emergency response plan shall be launched nationwide or across provinces, autonomous regions or municipalities directly under the Central Government, and shall be submitted to The State Council for approval by the department of public health administration under The State Council before it is implemented。When a province, autonomous region or municipality directly under the Central Government launches an emergency response plan, the people's government of the province, autonomous region or municipality directly under the Central Government shall decide and report to The State Council。
questioner
33What are the relevant provisions of the Interpretation on Several Issues concerning the Specific Application of the Law in Criminal Cases that interfere with the Prevention and Control of Infectious Disease Outbreaks and other disasters？
Professional solution
The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Specific Application of the Law in Handling Criminal Cases that Interfere with the Prevention and Control of Infectious Disease Outbreaks and Other Disasters has been published2003年5月15With immediate effect。The judicial interpretation detailed the conviction and sentencing of serious crimes such as intentionally or negligently spreading infectious diseases, refusing to accept quarantine or compulsory isolation, producing and selling fake and substandard drugs and substandard medical devices, obstructing state staff from carrying out prevention and control measures according to law, and fabricating information related to the epidemic and terrorism to disrupt social order。
questioner
34The World Health Organization's International Health Regulations (IHR)2005What are the relevant regulations？
Professional solution
World Health Organization (WHO)WHO）2005The International Health Regulations (IHR) as amended2005）》于2007年6月15Effective from today。The Regulations are in2005By the World Health Assembly (WHAAgreed to include a comprehensive and proven set of rules and procedures to help the world more fully protect itself from global health threats。The main contents of the Regulations include: definition, purpose and scope, principles and responsible authorities;Information and public health response;Suggest;Ports of entry;Public health measures;Health documents;Charges;General terms;Rosters of experts, emergency committees and review committees;Final Terms and Conditions and attachments。
questioner
35What are the relevant provisions of the Patent Law of the People's Republic of China on compulsory licensing？
Professional solution
Article 49 of the Patent Law of the People's Republic of China provides that in the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent administration department under The State Council may grant a compulsory license to exploit a patent for invention or utility model。Article 50 For the purpose of public health, the patent administration department under The State Council may grant a compulsory license for the manufacture and export of a drug to a country or region that complies with the provisions of the relevant international treaties to which the People's Republic of China is a party。
questioner
36Due to the government's control measures, it is impossible to carry out normal litigation, administrative review, arbitration？
Professional solution
Article 13 of the Emergency Response Law of the People's Republic of China provides that: Where litigation, administrative reconsideration and arbitration activities cannot be carried out normally due to the adoption of emergency response measures, the relevant provisions on suspension of time limitation and suspension of procedures shall apply, except as otherwise provided by law。
Article 188 of the General Provisions of the Civil Law of the People's Republic of China stipulates that the limitation period for filing a petition to the people's court for the protection of civil rights is three years。If the law provides otherwise, such provisions shall prevail。The limitation period shall be calculated from the date on which the right holder knows or should know that the right has been harmed and the obligor。If the law provides otherwise, such provisions shall prevail。However, the people's court shall not give protection to those whose rights have been harmed for more than 20 years from the date of injury;Under special circumstances, the people's court may decide to extend the right upon the application of the right holder。 Article 194: Within the last six months of the statute of limitations，Due to the following obstacles，Unable to exercise the right of claim，Suspension of the limitation of action: (1) Force majeure;(2) A person without or with limited capacity for civil conduct has no agent AD litem，Or the legal agent dies, loses his capacity for civil conduct or loses his power of agency;(3) No successor or administrator has been determined after the commencement of succession;(4) the right holder is controlled by a obligor or another person;(5) other obstacles that prevent the right holder from exercising his right of claim。The limitation period expires at the end of six months from the date on which the reasons for the suspension are eliminated。
Article 9 of the Administrative Review Law of the People's Republic of China stipulates that a citizen, a legal person or any other organization that considers a specific administrative act to have infringed upon its lawful rights and interests may file an application for administrative review within 60 days of becoming aware of the specific administrative act;However, the application period prescribed by law exceeds 60 days, except。If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period shall be counted from the date of removal of the obstacle。
Article 74 of the Arbitration Law of the People's Republic of China provides that: Where there are provisions in law on the time limitation for arbitration, such provisions shall apply。If the law does not provide for a time limit for arbitration, the provisions on a time limit for litigation shall apply。
Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that the limitation period for applying for labor dispute arbitration is one year。The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed。
The limitation of time for arbitration provided for in the preceding paragraph shall be suspended when a party claims the rights of the other party, or applies to the relevant department for rights relief, or the other party agrees to perform its obligations。The limitation period for arbitration shall be recalculated from the time of suspension。If the parties are unable to apply for arbitration within the limitation period prescribed in paragraph 1 of this article due to force majeure or for other legitimate reasons, the limitation period for arbitration shall be suspended。The limitation period for arbitration shall continue to be counted from the date on which the causes for the suspension of the limitation are eliminated。Where a dispute arises over unpaid labor remuneration during the term of the labor relationship, the worker's application for arbitration shall not be subject to the limitation period for arbitration provided for in paragraph 1 of this article.However, the termination of the labor relationship shall be submitted within one year from the date of termination of the labor relationship。
questioner
37How to deal with civil and commercial disputes caused by non-performance or non-normal performance of sales contracts, leasing contracts, travel service contracts and other contracts due to the prevention and control of the epidemic？
Professional solution
General Provisions of the Civil Law of the People's Republic of China Article 180: Those who cannot perform civil obligations due to force majeure shall not bear civil liability。If the law provides otherwise, such provisions shall prevail。Force majeure refers to unforeseeable, unavoidable and insurmountable objective circumstances。
According to the practice of our country, international trade practice and the interpretation of relevant laws in most countries，The scope of force majeure events mainly consists of two parts，One is a natural phenomenon caused by natural causes，Such as drought, earthquake, wind disaster, heavy snow, landslide and so on，The second is the social phenomenon caused by social reasons，Such as war, unrest, government intervention, strikes, embargoes, etc。In the course of major epidemic prevention and control, measures such as expropriation, requisition and traffic control taken by government departments are force majeure, and those who cannot perform the contract due to such reasons shall not bear civil liability。
The main provisions of the Contract Law of the People's Republic of China on force majeure are as follows:
Article 94 The parties may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure;...
Article 117 If a party fails to perform a contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law。If force majeure occurs after the party delays performance, it shall not be exempted from liability。Force majeure as used in this Law means unforeseeable, unavoidable and insurmountable objective circumstances。
Article 118 If either party is unable to perform the contract due to force majeure, it shall promptly notify the other party so as to reduce the loss that may be caused to the other party, and shall provide proof within a reasonable time。
Article 311 The carrier shall be liable for damages for damage to or loss of the goods in the course of carriage, provided that the carrier shall not be liable for damages if it proves that the damage to or loss of the goods is caused by force majeure, the natural nature or reasonable wear and tear of the goods themselves, or the fault of the shipper or consignee。
Article 314 If the goods are lost in the course of transport due to force majeure and no freight has been collected, the carrier may not require payment of freight;If the freight has been collected, the shipper may request a refund。
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