Legal basis for designating new coronavirus-infected pneumonia as a statutory infectious disease and implementing "Category B management, Category A prevention and control"
According to Article 3 of the Law on Prevention and Control of Infectious Diseases, China's statutory infectious diseases are classified into Category A, B, and C according to the outbreaks and epidemics of the infectious diseases, as well as the degree of harm they cause. Degree is divided into three categories of A, B, C. Among them, category A infectious diseases include bubonic plague and cholera, category B infectious diseases include infectious atypical pneumonia, AIDS, viral hepatitis, poliomyelitis, and human infection with highly pathogenic avian influenza, and category C infectious diseases include influenza, mumps, and rubella.
According to Article 4 of the Law on Prevention and Control of Infectious Diseases, preventive and control measures for infectious atypical pneumonia in Category B infectious diseases, pulmonary anthrax in anthrax, and human infection with highly pathogenic avian influenza are taken for Category A infectious diseases. Other infectious diseases of category B and sudden outbreaks of infectious diseases of unknown origin need to take preventive and control measures for infectious diseases of category A, by the State Council administrative department of health in a timely manner after the approval of the State Council to be announced and implemented.
After the outbreak of new coronavirus-infected pneumonia, based on the understanding of the pathogenesis, epidemiology, clinical features and other characteristics of new coronavirus-infected pneumonia, approved by the State Council, on January 20, 2020, the National Health Commission issued Announcement No. 1 of 2020, which explicitly included new coronavirus-infected pneumonia in the category B infectious diseases stipulated in the Law on the Prevention and Control of Infectious Diseases and took category A preventive and control measures for infectious diseases; and the inclusion of novel coronavirus-infected pneumonia in the management of quarantine infectious diseases under the State Border Health and Quarantine Law.
Legal Basis
The Law of the People's Republic of China on Prevention and Control of Infectious Diseases
Article 30
Disease prevention and control institutions, medical institutions and blood collection institutions and their personnel performing their duties shall, when they discover an epidemic of an infectious disease prescribed by the Law or other outbreaks or epidemics of an infectious disease or sudden outbreaks of an infectious disease of unknown cause, comply with the provisions of this Law. Unknown infectious diseases, shall follow the principle of local management of epidemic reporting, in accordance with the provisions of the State Council or the State Council administrative department of health, the content, procedures, methods and time limits for reporting. Military medical institutions to provide medical services to the public, found in the preceding paragraph of the infectious disease outbreaks, shall report in accordance with the provisions of the State Council administrative department of health.
Article 31
Any unit or individual who discovers a patient with an infectious disease or a patient suspected of having an infectious disease shall promptly report it to a nearby disease prevention and control organization or medical institution.
Article 32
Ports, airports, railroad disease prevention and control institutions and state border health quarantine authorities find patients with Class A infectious diseases, carriers of pathogens, suspected infectious disease patients, shall, in accordance with the relevant provisions of the State, immediately to the disease prevention and control institutions at the location of the state border crossings, or the local people's governments at or above the county level of the local health administrative departments to report and inform each other.
Article 33
Disease prevention and control agencies shall take the initiative to collect, analyze, investigate and verify information on infectious disease outbreaks. Receiving the report of infectious disease outbreaks of Category A and B or discovering outbreaks or epidemics of infectious diseases, it shall immediately report to the local health administrative department, which shall immediately report to the local people's government, and at the same time report to the higher-level health administrative department and the State Council administrative department of health. Disease prevention and control agencies shall establish or designate a special department, personnel responsible for infectious disease outbreak information management, timely verification and analysis of outbreak reports.
Article 34
The administrative departments of health of the local people's governments at or above the county level shall promptly notify the disease prevention and control agencies and medical institutions in the administrative region of the infectious disease outbreaks as well as monitoring and early warning of relevant information. Receive notification of disease prevention and control institutions and medical institutions shall promptly inform the relevant personnel of the organization.
"Chinese People's **** and State Emergency Response Law"
Article 48
After the occurrence of emergencies, the people's government that performs the duty of unified leadership or organizes the disposal of emergencies shall, in view of its nature, characteristics and degree of harm, immediately organize the relevant departments, mobilize the emergency rescue team and the social forces, in accordance with the provisions of this chapter and the relevant laws, regulations, Regulations of the provisions of this chapter and the relevant laws, rules and regulations to take emergency measures.
Article 49
After the occurrence of a natural disaster, accident or calamity, or a public ****sanitary incident, the people's government, which performs the duty of unified leadership, may take one or more of the following emergency response measures:
(1) organizing the rescue and treatment of victims, evacuating, evacuating, and appropriately relocating the threatened persons, as well as taking other relief measures;
(2) organizing the rescue and treatment of victims, evacuating, evacuating, and appropriately relocating threatened persons, and taking other relief measures; and >(b) rapid control of the source of danger, marking the danger zone, blockade dangerous places, demarcation of the cordon area, the implementation of traffic control and other control measures;
(c) immediately repair damaged transportation, communications, water supply, drainage, power supply, gas supply, heating and other public **** facilities, to the endangered personnel to provide shelter and necessities of life, the implementation of medical care and sanitation and epidemic prevention, as well as other Safeguard measures;
(d) prohibit or limit the use of equipment and facilities, close or limit the use of the relevant places, suspend crowded activities or may lead to the expansion of the hazard of production and business activities as well as to take other protective measures;
(e) to enable the people's government at this level to set up a financial reserve and reserves of emergency relief materials, if necessary, call other urgently needed materials, Equipment, facilities, tools;
(vi) organize citizens to participate in emergency rescue and disposal work, requiring people with specific expertise to provide services;
(vii) to ensure the supply of food, drinking water, fuel and other basic necessities;
(viii) according to the law from the strict punishment of hoarding, price gouging, counterfeiting and selling counterfeit and other acts of disruption of the market order, stabilize market Prices, to maintain market order;
(ix) according to the law to severely punish the looting of property, interfere with the destruction of emergency response work and other disruptions to social order, to maintain public order;
(x) to take the necessary measures to prevent the occurrence of secondary and derivative events.
Article 50
After the occurrence of a social security incident, the people's government that organizes the disposal work shall immediately organize the relevant departments and the public security organs to take one or more of the following emergency measures in response to the nature and characteristics of the incident, in accordance with the relevant laws, administrative regulations and other relevant provisions of the State:
(i) forcibly isolating parties who are confronting one another with the use of instruments or participating in conflicts with violent acts, and appropriately resolving the situation. violent behavior involved in the conflict parties, to properly resolve disputes and disputes on the scene, control the development of the situation;
(ii) the control of buildings, transportation, equipment, facilities, as well as the supply of fuel, gas, electricity and water in a particular area;
(iii) blockade of the relevant places and roads, check the identity documents of the people on the scene, and limit the activities within the place of the public ****;
(c) to block the relevant places and roads, check the identification documents of the people on the scene, and restrict activities within the place of public ****;
(d) to take measures to ensure the safety of the public ****.
(iv) Strengthening the guards of core organs and units that are vulnerable to shocks, and setting up temporary cordons in the vicinity of state organs, military organs, state news agencies, radio stations, television stations, and foreign embassies and consulates in China;
(v) other necessary measures stipulated by laws, administrative regulations and the State Council.
When an incident that seriously jeopardizes public order occurs, the public security organs shall immediately deploy police forces in accordance with the law, and take appropriate coercive measures according to the situation on the spot, so as to restore the social order to normal as soon as possible.
The Law of the People's Republic of China on Sanitary and Quarantine at the State Border of the People's Republic of China
Article 7
Transportation vehicles and persons entering the country must be subjected to quarantine at a designated place at the state border crossing where they first arrive. Except for the pilot, no one is allowed to get on or off the means of transportation, or to load or unload baggage, goods, postal packages and other articles without permission from the state border sanitary and quarantine authorities. The specific measures shall be prescribed by the implementing regulations of this Law.
Article 8
Transportation vehicles and persons leaving the country must be subject to quarantine at the last state border port of departure.
Article 9
When a ship or aircraft from abroad anchors or lands at a place other than a port in China for any reason, the person in charge of the ship or aircraft shall immediately report to the nearest state border sanitary and quarantine authority or the local health administrative department. Except for emergencies, no one is allowed to board or disembark a ship or aircraft, or to load or unload baggage, goods, parcels or other articles without the permission of the state border sanitary and quarantine authorities or the local health administrative department.
Article 10
If a quarantine infectious disease or suspected quarantine infectious disease is found at a state border crossing, or if someone dies of a non-accidental injury and the cause of death is not known, the person in charge of the relevant units and means of transportation at the state border crossing shall immediately report the matter to the state border sanitary and quarantine authorities and apply for temporary quarantine.
The Criminal Law of the People's Republic of China
Article 330 Crimes against the Prevention and Control of Infectious Diseases
If a person violates the Law on Prevention and Control of Infectious Diseases and does any of the following, causing the spread of a Category A infectious disease or posing a serious risk of such spread, he shall be sentenced to fixed-term imprisonment of not more than three years or detention; and if the consequence is particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years:
(a) water supply units to supply drinking water does not meet the state health standards;
(b) refused in accordance with the health requirements put forward by the sanitary and epidemic prevention agencies, the infectious disease pathogens contaminated sewage, dirt, feces disinfection treatment;
(c) permitting or condoning the patients of infectious diseases, carriers of pathogens and suspected infectious diseases engaged in the State Council's health administrative department regulations Prohibited from engaging in work that is conducive to the spread of the infectious disease;
(4) refusing to implement the preventive and control measures put forward by the health epidemic prevention and control agencies in accordance with the Law on the Prevention and Control of Infectious Diseases. The unit commits the crime of the preceding paragraph, the unit shall be sentenced to a fine, and its directly responsible supervisors and other persons directly responsible for the punishment in accordance with the provisions of the preceding paragraph. The scope of Category A infectious diseases, in accordance with the "Chinese People's *** and the State Law on the Prevention and Control of Infectious Diseases" and the State Council to determine the relevant provisions.