Huan Ting said

165438+1On October 26th, a video of residents' opposition to community alarm in a community neighborhood committee in Beijing caused a heated discussion.

Netizens have: A good policeman who serves the people is to act according to law.

Then, some communities do not have red-headed documents, and it is illegal to decide to block and control communities privately.

0 1

Is it illegal to block and control the community privately?

The answer is yes, it is illegal for the community to block and control the community privately.

As a civil subject, the community accepts the guidance of the government, supports and assists the government's work, but it does not have administrative power, let alone administrative coercive power.

Article 10 1 of the Civil Code

Residents' committees and villagers' committees have the legal personality of grass-roots mass autonomous organizations and can engage in civil activities needed to perform their functions.

If a village collective economic organization has not been established, the villagers' committee may act as the authority of the village collective economic organization according to law.

Article 3 of the Organic Law of Residents' Committees

The tasks of the residents' committee:

(a) to publicize the Constitution, laws, regulations and national policies, safeguard the legitimate rights and interests of residents, educate residents to perform their obligations according to law, take good care of public property, and carry out various forms of socialist spiritual civilization construction activities;

(two) to handle the public affairs and public welfare undertakings of the residents in this residential area;

(3) Mediation of civil disputes;

(4) Assisting in maintaining public order;

(five) to assist the people's government or its agencies to do a good job in public health, family planning, special care and relief, youth education and other work related to the interests of residents;

(six) to reflect the opinions, demands and suggestions of residents to the people's government or its agencies.

The closure of residential areas will limit the personal freedom of residents, and the legal provisions in China are very strict.

Article 37 of the Constitution

People's Republic of China (PRC) citizens' personal freedom is inviolable.

No citizen shall be arrested unless approved or decided by the people's procuratorate or decided by the people's court, and shall be executed by the public security organ.

It is forbidden to illegally detain or deprive or restrict citizens' personal freedom by other means, and it is forbidden to illegally search citizens' bodies.

Article 18 of the Administrative Punishment Law

In accordance with the provisions of laws, regulations or rules, an administrative organ may, within its statutory authority, entrust an organization that meets the conditions stipulated in Article 19 of this Law to impose administrative penalties. The administrative organ shall not entrust other organizations or individuals to implement administrative punishment.

The entrusting administrative organ is responsible for supervising the administrative punishment behavior of the entrusted organization and bearing legal responsibility for the consequences of this behavior.

The entrusted organization implements administrative punishment in the name of the entrusted administrative organ within the scope of entrustment; No other organization or individual may be entrusted to implement administrative punishment.

According to the above laws, not all administrative organs have administrative power to restrict personal freedom, let alone neighborhood committees.

Therefore, some neighborhood committees have written a document with the seal of the neighborhood Committee, which prohibits residents from entering and leaving the community. This is a serious illegal act and must be corrected immediately. When citizens encounter illegal operations, they can ask relevant personnel to show relevant certificates. If there is no valid certificate, it can be refused according to law.

02

Normal process of sealing and controlling isolation

Local people's governments at or above the county level may implement isolation measures and report them to the people's government at the next higher level for approval.

Article 4 1 Law on the Prevention and Control of Infectious Diseases

The local people's governments at or above the county level may impose isolation measures on the places where cases of Class A infectious diseases occur or the personnel in specific areas within the places, and report to the people's government at the next higher level at the same time; The people's government at a higher level that receives the report shall immediately make a decision on approval or disapproval. If the people's government at a higher level makes a decision not to approve, the people's government that implements the isolation measures shall immediately lift the isolation measures.

During the period of isolation, the people's government that implements isolation measures shall provide living security for the isolated personnel; If the isolated person has a work unit, his work unit will not stop paying his remuneration during the isolation period.

The lifting of isolation measures shall be decided by the original decision-making organ and announced.

Article 42 of the Law on the Prevention and Control of Infectious Diseases

When infectious diseases break out and become epidemic, the local people's governments at or above the county level shall carry out prevention and control according to the prevention and control plan, report to the people's government at the next higher level for decision when necessary, and may take emergency measures prescribed by law and make a public announcement.

In addition, the community prevention and control measures were implemented according to the "COVID-19 Epidemic Risk Area Delineation and Control Plan" newly issued by the the State Council Joint Prevention and Control Mechanism Comprehensive Group on June165438+1October 9.

High-risk areas should be closed; In the low-risk area, social control should be strengthened, and all kinds of people in the area should be tested for nucleic acid as required, so as to minimize going out, not gathering or getting together, and do personal protection when going out.

The Plan for Delineation and Control of Epidemic Risk Zones in COVID-19 scientifically delineates the risk zones.

Adhere to the principle of "prevention first, combination of prevention and control, science according to law, classification and grading", and realize the organic combination and rapid transformation of normalized accurate prevention and control and epidemic emergency response.

Once a local epidemic occurs, the counties (cities, districts and banners) where the cases and asymptomatic infected persons are located should be accurately divided into high-risk areas and low-risk areas as soon as possible, and all forces should be coordinated to implement classified management measures, and the risk levels and control measures should be updated dynamically and timely according to the epidemic situation, and released to the public on their own initiative.

In the process of handling the epidemic situation, if the transmission risk of individual cases and asymptomatic infected persons to the residence, workplace and activity area is low, and the close contacts have been controlled in time, after judging that there is no risk of community transmission, the risk area may not be delineated; Counties (cities, districts, banners) that have not experienced local epidemics should earnestly implement various measures for the prevention and control of normalized epidemics, and there is no need to delimit risk areas.

No matter in peacetime or in extraordinary times, leaders at all levels and ordinary people should abide by the law and act in accordance with established legal norms, so as to ensure the real stability of society and the long-term stability of the country.