Job Recruitment Website - Property management - Is it legal to close the epidemic area?

Is it legal to close the epidemic area?

Legal analysis: Whether the epidemic area is legally closed depends on the specific situation. If there is definite evidence that there are many infected patients in a community, if it is not closed, it may cause the spread of infectious diseases. According to the relevant laws and regulations, 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.

Legal basis: Article 42 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases. When infectious diseases break out and are prevalent, the local people's governments at or above the county level shall immediately organize forces to carry out prevention and control according to the prevention and control plan and cut off the transmission route of infectious diseases. When necessary, it shall be reported to the people's government at the next higher level for decision, and the following emergency measures may be taken and announced:

(1) Restrict or stop fairs, theatrical performances or other crowd gathering activities;

(2) suspension of work, business or classes;

(three) closed or sealed public drinking water sources, food and related items contaminated by infectious disease pathogens;

(4) controlling or culling wild animals, domestic animals and poultry infected with the epidemic;

(five) closed places that may cause the spread of infectious diseases.

When the people's government at a higher level receives the report of the people's government at a lower level on taking the emergency measures listed in the preceding paragraph, it shall make a decision immediately.

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