What is the legal basis for the closure of the community?

People's Republic of China (PRC) Law on the Prevention and Control of Infectious Diseases, People's Republic of China (PRC) Law on Emergency Response, and Operational Guidelines for novel coronavirus Epidemic Prevention and Control in Residential Property Management Area (for Trial Implementation) and other legal basis.

Legal analysis

Community closure is not a legal term, but it can be understood in a popular way, that is, the community should have fences, security guards at the door, and the obligation to restrict and register vehicles and pedestrians. Developers who violate the contract can sue in court. Legal basis for blocking the community during the epidemic: During the epidemic, if the local government issues documents, communities and village neighborhood committees can carry out self-help work, but they must obtain the consent of government departments, abide by government decisions and pay attention to protecting personal privacy. Because specific places refer to places where people gather, such as community clubs, children's areas and elderly activity stations, which may cause the spread of infectious diseases. Therefore, in order to cut off the route of transmission, property service enterprises should close this part of the place. In addition, according to the unified requirements of the community, property service enterprises can close some scattered entrances and exits of the community according to the actual management situation of the community. Taking closed management measures for residential areas is a protective measure to prevent the spread of COVID-19 epidemic and a necessary measure to prevent infection. These measures must be implemented in strict accordance with the law. Non-statutory entities cannot implement closed management. At the same time, strict decision-making and announcement procedures should be implemented and implemented in strict areas. In addition, we should pay attention to the ways and means of closed management of residential areas according to law, do a good job in publicity and guidance and daily life protection, and prevent and control the epidemic without affecting the necessary daily life of residents.

legal ground

Article 55 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases, when performing the duties of supervision and inspection, the health administrative department of the local people's government at or above the county level finds that the drinking water source, food and related articles contaminated by infectious disease pathogens are not controlled in time, which may lead to the spread and epidemic of infectious diseases, it may take temporary control measures such as closing the drinking water source, sealing up the food and related articles or suspending the sale, and may also conduct inspection or disinfection. After inspection, the contaminated food should be destroyed; For unpolluted food or articles that can be used after disinfection, control measures should be lifted.