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Is the epidemic prevention lock unit door illegal?
It is illegal because the act of closing and locking the door belongs to a specific administrative act and can only be made by the administrative organ; However, the property does not belong to the administrative organ, so the property has no right to directly seal up or lock the door of the community or unit or the owner's house. Therefore, it is illegal to lock the door of the property directly in the news and prevent the owner from going out. It is a wrong act, so the property involved should be punished.
At the same time, when the owner dies because of this wrong behavior of the property, the property should pay compensation. If you encounter this kind of property in your life, you can call the public complaint hotline 12345 to complain about its illegal behavior; You can also directly report to the police.
What are the rules for closing the community because of the epidemic?
According to the provisions of the Law on the Prevention and Control of Infectious Diseases, when an infectious disease breaks out, 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, cut off the transmission route of infectious diseases, report to the people's government at the next higher level for decision when necessary, and may close places that may cause the spread of infectious diseases, restrict or stop fairs, theaters or other crowd gathering activities, and make an announcement. When the people's government at a higher level receives the report of the people's government at a lower level on taking emergency measures, it shall make a decision immediately.
If there is definite evidence that there are many infected patients in a certain area, if the area is not closed, it may cause the spread of infectious diseases. According to the above-mentioned laws and regulations, the administrative organ has the right to make a decision on the closed management of the community. 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 decision of the administrative organ to make the community closed management is an infringement on the freedom of citizens' migration.
legal ground
Article 42 of the Law on the Prevention and Control of Infectious Diseases stipulates that when an infectious disease breaks out and spreads, 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 the infectious disease. 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.
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