(Zhao Guangquan, Chief Commentator of Health Times)
A word into the public "text", nine bulls can not be returned.
"Carry out prevention and control work in a strict and down-to-earth manner, and quickly control local clusters of epidemics." It is the most urgent and important task of party committees and governments at all levels. The epidemic notice is an official document with strong political seriousness and high social concern.
During the epidemic prevention and control period, some people do not wear masks; some people do not listen to dissuasion or scan codes when entering and leaving public places; some people refuse to participate in the nucleic acid test organized by the unified organization; some people deliberately conceal their itinerary; and some units or market entities do not fulfill their epidemic prevention and control responsibilities. There is no doubt that in order to maintain the order of epidemic prevention and control, strict punishment should be imposed in accordance with the law.
Recently, the court, procuratorate and public security bureau of a provincial capital city in the central region jointly issued a notice saying that the above five acts of obstructing the prevention and control of the epidemic were identified as "acts of refusing to implement the decisions and orders issued by the people's government in accordance with the law in the case of a state of emergency..."
What is a "state of emergency"? Under what circumstances can a "state of emergency" be declared? Clear provisions can be found in Article 67, Paragraph 21, Article 80, and Article 89, Item 16 of the Constitution of the People's Republic of China (2018 Amendment).
Undoubtedly, without the exercise of the Standing Committee of the National People's Congress, the decision of the President of the People's Republic of China, and the authorization of the State Council, a certain provincial capital city in the central region has not entered a "state of emergency" in both legal theory and fact.
In the context of the multi-point sporadic epidemic situation in the local area and the severe and complex situation of prevention and control, in order to implement the important instruction of "resolutely holding the bottom line of no large-scale rebound of the epidemic", we must not be chaotic because of the urgency of epidemic prevention, tight time, heavy tasks and great pressure. Unfortunately, the Joint Notice was issued! If before the release, you can do your duty, be careful, and be careful.
On February 5, 2020, the Opinions of the Central Committee for Comprehensively Ruling the Country in Accordance with the Law on The Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic in Accordance with the Law and Effectively Protecting the People's Life, Health and Safety" instructed: "Comprehensively improve the ability to prevent and control the epidemic according to law and provide a strong legal guarantee for epidemic prevention and control".
On March 17, 2022, the standing committee meeting of the Political Bureau of the CPC Central Committee pointed out that the recent local cluster epidemic in the country has shown the characteristics of many points, wide coverage and frequent occurrence. It is necessary to consolidate the responsibilities of the four parties, implement the four early requirements, carry out prevention and control work in a strict and down-to-earth manner, strengthen the guidance for prevention and control in key areas of the epidemic, and quickly control the local cluster epidemic.
Even in early 2020, when the COVID-19 epidemic was the worst in Wuhan, neither the Standing Committee of the National People's Congress, the President of the People's Republic of China, nor the State Council, as enshrined in the Constitution, declared a "state of emergency." From this perspective, the "Circular" jointly issued by the rule of law professional organs of a central provincial capital city reflects the negligence of mistakes in the busy prevention and control of the epidemic, even if there is no suspicion of transgression.
In the era of information Internet, especially in the heavy and trivial pressure of epidemic prevention and control, rule of law thinking and sense of responsibility should be reflected in the details as much as possible. The Circular concerns authority and credibility. This is not a nitpick, it is to check the omissions and omissions, so that the city's epidemic prevention and control work can be done better!
Attached: Summary of relevant provisions of the Constitution of the People's Republic of China (2018 Amendment).
Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers:
(21) Decide that the whole country or individual provinces, autonomous regions, or municipalities directly under the Central Government shall enter a state of emergency;
Article 80 The President of the People's Republic of China shall, in accordance with the decisions of the National People's Congress and the decisions of the Standing Committee of the National People's Congress, promulgate laws appointing and dismissing the Premier, Vice Premiers, State Councilors, Ministers of Ministries, Committees, Auditor Generals and Secretaries-General of the State Council, conferring medals and honorary titles on the State, issuing amnesty orders, declaring a state of emergency, declaring a state of war, and issuing a mobilization order.
Article 89 The State Council exercises the following functions and powers:
Decide to enter a state of emergency in some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the provisions of law.
