Job Recruitment Website - Property management - Is it correct to move freely in the community during the epidemic?
Is it correct to move freely in the community during the epidemic?
If there is definite evidence that there are many infected patients in a community, if it is not blocked, it may cause the spread of infectious diseases. According to Article 42 of the Law on the Prevention and Control of Infectious Diseases, the administrative organ has the right to make a decision on the closed management of the community. At this time, the decision of the administrative organ to close the management of the community does not constitute an infringement of the citizens' right to freedom of movement.
On the contrary, if there is no evidence that a community is infected with the virus, then the administrative organ has no right to decide to close the community at this time. At this time, the administrative organ decided to close the management of the community, which was an infringement on citizens' freedom of movement, because its decision had no legal basis. First, as the owner of the house, medical personnel have the right to own and use the house, and the premise of exercising property rights is to let them enter the community. According to article 13 of the Constitution, "citizens' lawful private property is inviolable. "Article 7 1 of the Property Law stipulates that" the owner has the right to possess, use, benefit and dispose of the exclusive part of his building. "From the perspective of protecting the private property rights of owners, medical staff owners should be allowed to enter and leave the campus.
Second, the law protects the personal dignity and personal safety of medical practitioners from infringement. According to Article 2 1 of the Law on Medical Practitioners, doctors' personal dignity and personal safety are inviolable in their practice. The practice of not allowing front-line medical staff owners to enter and leave the community is detrimental to the doctor's personal dignity and is not allowed by law.
Third, the owners' congress has no right to make a decision to prohibit individual owners from entering this community. According to Article 8 and Article 15 of the Property Management Regulations, neither the owners' assembly nor the owners' committee has the right to make a decision to refuse some owners to enter the community. In addition, according to article 19, paragraph 1 of the Property Management Regulations, the owners' assembly and the owners' committee shall perform their duties according to law and shall not make decisions or engage in activities unrelated to property management. Therefore, the owners' congress and the owners' committee have no right to make similar decisions, and their decisions are invalid.
In addition, the local government should promptly supervise and correct the behavior of not allowing medical staff owners to enter and leave the community. According to the second paragraph of Article 19 of the Property Management Regulations, if the decisions made by the owners' assembly and the owners' committee violate laws and regulations, the real estate administrative department of the district/county people's government or sub-district office or township people's government where the property is located shall order it to correct or revoke its decisions within a time limit and notify all the owners. Therefore, the local government should promptly correct the illegal decision-making behavior of the owners' meeting or the industry Committee.
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