Is it illegal not to do nucleic acid testing?

It is not illegal to do acid test according to regulations, but it violates relevant regulations.

Legal analysis

At present, the following acts that do not cooperate with epidemic prevention will be punished by fines, detention and so on. If the circumstances are serious, criminal responsibility may be investigated: those who are included in the scope of nucleic acid testing will not participate in the nucleic acid testing organized by the unified organization; Taking public transport, entering and leaving residential areas, supermarkets, vegetable markets, hotels and other public places, refusing to cooperate with management personnel to persuade them to wear masks; Entering and leaving residential areas, supermarkets, vegetable markets, hotels and other related places, refusing to cooperate with the provisions on health information verification and identity registration; Vehicles and personnel passing through the epidemic prevention and control checkpoint refuse to cooperate and accept inspection by checkpoint staff by punching in or other means; Residents of closed communities refuse to cooperate with the management of closed communities and go out to gather without authorization in violation of the relevant provisions of the epidemic prevention and control headquarters; Persons whose health codes are yellow and red fail to carry out family health monitoring or centralized isolation observation in accordance with regulations; Concealing illness, concealing travel information (especially the living history in key areas), and concealing the history of close contact with confirmed cases or suspected cases; Assisting others to evade inspection measures for epidemic prevention and control.

legal ground

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: (1) drinking water supplied by water supply units 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.