Myself and my daughter-in-law are currently isolated in Changsha, Xiangfu International Hotel.
1. The cost of 14 days of isolation is 6692/person (including meals is 100 per person per day), the actual meals provided is certainly not up to this price, but I'm not Changsha local should not say how much this is the standard. According to a local friend on the same flight, this is the standard 10 yuan box lunch provided, I feel it should be about the same.
2. and daughter-in-law two people back home, was mandatory must be one person a room, that is, double the isolation fee, holding up the anti-epidemic stick, there is no room for negotiation.
3. The hotel can not open the air conditioning (now Changsha temperature is about 1-2 degrees Celsius) (this point may be a lot of isolation sites also so the implementation of the bar), do not provide any takeaway, collect courier service, the reason is naturally to prevent the spread of the epidemic.
4. Before getting on the plane, the airline let sign a notice, which hotel has two options, 248/day and 298/day (including three meals) of the two hotels, after getting off the plane was notified that the statement is incorrect, there is no choice but to go to this Xiangfu International Hotel, the cost of which is 478 per day.
To be honest, I feel that this special period, there are still some local ZF, some businessmen borrowed the banner of this anti-epidemic in the hole.
In response to the phenomenon of governments around the world requiring people to be quarantined in designated hotels and charging thousands to tens of thousands of dollars after the quarantine period has expired, I have a few questions:
1. What kind of behavior is mandatory quarantine?
According to the "Chinese People's **** and State Administrative Compulsory Law", administrative organs in the process of administrative management, in order to stop illegal acts, prevent the destruction of evidence, to avoid the occurrence of harm, to control the expansion of the danger of the situation, according to the law on the implementation of temporary restrictions on the personal freedom of the citizens, or on the citizens, legal persons or other organizations to implement the temporary control of property belongs to the behavior of the administrative coercive measures.
Forced isolation is consistent with the characteristics of administrative coercive measures, but no administrative organs have yet recognized this.
2If it is an administrative coercive measure, is the administrative organ's procedure legal?
Administrative coercive measures shall be implemented in accordance with the provisions of Article 18, including: the administrative organ before taking coercive measures reported to the head of the administrative organ and approved; show law enforcement identity documents; inform the party on the spot of the reasons for the administrative coercive measures, the basis and the rights of the party in accordance with the law, and the means of redress; listen to the party's statements and pleadings; make on-site transcripts; the site notes are signed by the The party and the administrative law enforcement officers to sign or seal, the party refused to be noted in the transcript, and so on.
3. How are the fees for compulsory segregation set?
The charges vary greatly from place to place, and there is a great deal of flexibility, part of the region in the charges can be halved after the exposure of the charge, part of the region is directly no charge, a place in Zhejiang is charged at the rate of 1,000 yuan a day.
According to the Administrative Compulsory Law, administrative coercive measures involving the restriction of citizens' personal freedom can only be set by law, and cannot be set by administrative regulations or local regulations.
In that case, why is there such a difference in price?
4, for some of the local people with a fixed abode in the mandatory designation of hotel isolation, is there a need? Is there any transfer of benefits?
The purpose of the mandatory isolation is to isolate the infection, the local people who have a fixed abode can be isolated at home, but some places still require the designation of hotels for isolation and charging a high fee, is it in line with the principle of appropriateness stipulated in Article 5 of the Administrative Compulsory Law? Is there any transfer of benefits in this move by the administrative authorities?
5. How are the hotels designated for isolation selected?
What kind of trade-offs did the government make in selecting the hotels designated for segregation?
6. Have the quarantined persons been clearly informed of the charges for the act of quarantine before the mandatory quarantine?
Quite a number of quarantined people have told me that before the quarantine the staff had clearly told them that there would be no charge, but after the quarantine was over the hotels demanded payment and would not let them leave without paying. According to the "Price Law" operators should be clearly marked prices, and first told not to charge after the act of charging, according to the Development and Reform Commission "prohibit price fraud provisions" suspected of price fraud, consumers can be based on the Consumer Law, Article 55, a refund of one to compensate for three.
7, the designated hotel whether there is profit-making behavior?
According to Article 7 of the Administrative Compulsory Law: administrative organs and their staff shall not utilize the administrative compulsory power for the benefit of units or individuals.
Whether the hotel charges only for the cost price, whether after accounting? If there is profit, is it a violation of Article 7 of the Administrative Compulsory Law.