17

2020

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02

Legal Knowledge on Scientific Use and Purchase of "Covers" by Community Residents

The urgent task of epidemic prevention and control is to never miss the pass of masks. At present, the pneumonia epidemic caused by novel coronavirus is surging, and the phenomenon of "one mask is hard to find" appears in many places. The "shortage of masks" makes many people panic, and medical masks are in short supply in major hospitals.


Legal Knowledge on Scientific Use and Purchase of "Covers" by Community Residents

      

Author: Lawyer Yan Daocheng

Unit: Guangdong Legal Shengbang Law Firm

 

 

 

The urgent task of epidemic prevention and control is to never miss the pass of masks. At present, the pneumonia epidemic caused by novel coronavirus is surging, and the phenomenon of "one mask is hard to find" appears in many places. The "shortage of masks" makes many people panic, and medical masks are in short supply in major hospitals. Due to limited professional knowledge and ignorance, community residents have encountered many legal issues in purchasing masks and donating enthusiastically. Some have squeezed out scarce medical supplies, while others have engaged in criminal activities such as false advertising and illegal profit making.

 

 

 

1、 Wearing a mask during the epidemic is not only a moral obligation but also a legal obligation, to be treated separately

 

Currently, within the province, failure to wear masks in public places is considered a refusal to comply with decisions and orders issued by the people's government in emergency situations, and police officers have the right to enforce the law.

What is the legal basis for doing so? According to the Emergency Response Law of the People's Republic of China, after the occurrence of an emergency, the people's government fulfilling the responsibility of unified leadership or organizing the handling of the emergency shall immediately organize relevant departments, mobilize emergency rescue teams and social forces, and take emergency response measures in accordance with the provisions of this regulation and relevant laws, regulations, and rules. If a unit or individual violates the provisions of this Law, fails to comply with the decisions or orders issued by the local people's government and its relevant departments, or fails to cooperate with the measures taken in accordance with the law, which constitutes a violation of public security management, it shall be punished by the public security organs in accordance with the law.

In addition, Article 50 of the Public Security Management Penalty Law stipulates that those who refuse to execute decisions or orders issued by the people's government in accordance with the law in emergency situations shall be given a warning or fined not more than 200 yuan; If the circumstances are serious, the offender shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan. This is a general rule.

For individuals with a history of living in Wuhan, not following the regulations for home quarantine and not wearing masks when going out will endanger the lives and health of others. Violating the provisions of the Criminal Law of China regarding the crime of endangering public safety by dangerous means, one should bear corresponding criminal responsibility.

Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Criminal Cases Involving Obstruction, Prevention, and Control of Sudden Infectious Disease Epidemic and Other Disasters clearly stipulates that those who intentionally spread pathogens of sudden infectious diseases and endanger public safety shall be convicted and punished in accordance with the provisions of Article 114 and Article 115, Paragraph 1 of the Criminal Law for the crime of endangering public safety by dangerous means. If a person who suffers from a sudden infectious disease or is suspected to have a sudden infectious disease but refuses to undergo quarantine, compulsory isolation, or treatment, and negligently causes the spread of an infectious disease, and the circumstances are serious and endanger public safety, he shall be punished according to the provisions of Article 115 (2) of the Criminal Law for the crime of negligently endangering public safety by dangerous means.

Therefore, in order to effectively prevent the spread of the epidemic, masks should be worn in public places in Guangzhou and all regions of the province. For passengers who do not wear masks, public transportation operators advise them to return. The operator has the right to refuse passengers to take the train if they refuse to listen to the advice. During the process of persuading passengers to return, if they disrupt the transportation order, they shall be transferred to the public security organs for handling. At present, masks have become a mandatory tool for residents to use when traveling and going to work.

2、 Don't squeeze into the country's scarce resources

Despite this importance, community residents still need to use "masks" scientifically and purchase "masks", which not only do not waste or occupy efficient resources, but also play a protective role. In hospitals and severely affected areas, residents generally do not need to wear high-level medical masks to avoid crowding out current scarce resources.

Those who donate masks with goodwill and enthusiasm to hospitals and epidemic areas should clarify the needs of the recipient, so as not to cause a backlog in hospital warehouses and fail to find masks that meet the standards. As a result, the donor was not aware of the situation and was prone to resentment.

 

 

 

3、 Pushing up the price of masks should be punished

 

 

 

Due to the fact that masks have become essential and essential items for home use, some unscrupulous merchants have been punished by market regulatory authorities for increasing the price of masks. It is illegal to raise the price of masks due to their scarcity.

 

According to Article 18 of the Price Law, the government may, when necessary, implement government guided prices or government fixed prices for the following goods and services: (1) the prices of a very small number of goods that are closely related to the development of the national economy and people's lives; (2) the prices of a few goods that are scarce in resources; (3) the prices of goods that are naturally monopolized; and (4) the prices of important public utilities; At the same time, it is required that operators' pricing should follow the principles of fairness, legality, and good faith. Therefore, excessively raising prices and obtaining windfall profits are typical illegal behaviors that disrupt the order of the market economy, and may be convicted of illegal business operations.

4、 Strictly prohibit the production of non-standard masks

Masks play an important role in the process of epidemic prevention and control. However, small workshops that produce ordinary masks need to obtain relevant qualifications such as a "hygiene license," "production license," and "product qualification certificate." To produce medical masks, they also need to obtain a "medical device production license," "medical device registration certificate," and accept supervision and inspection from relevant departments. After passing the inspection, it is strictly prohibited to produce individual defective products in a hurry and pass the inspection, It concerns the health and life of others.

The production and sales of "problematic masks" may be suspected of five crimes: the crime of producing and selling fake and inferior products, the crime of selling counterfeit registered trademarks, the crime of counterfeiting registered trademarks, and the crime of producing and selling medical equipment that does not meet standards. If the consequences are particularly serious, they can be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.

Therefore, those who discover the production and sales of fake and inferior masks should promptly report or report to the local market supervision and management department.

At the same time, it is strictly prohibited to collect and sell second-hand masks and other illegal activities.

After use, masks can carry varying degrees of biological residues and bacteria, and cleaning can damage the protective layer of the mask and make it lose its protective function. Therefore, general masks must not be reused.

The act of collecting discarded masks and reselling them is a criminal act. According to Article 125 of the Criminal Law, those who illegally manufacture, trade, transport, store toxic, radioactive, infectious disease pathogens, and other substances that endanger public safety shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death penalty. If a large number of second-hand masks are sold, they may affect the safety of uncertain individuals and be convicted of endangering public safety.

5、 It is recommended to purchase through formal channels as much as possible

Buying masks through WeChat may pose certain risks:

1.It is possible that hygiene standards may not be met, resulting in the inability to achieve protective purposes;

2.The source of the purchased mask may be illegal, without a legitimate manufacturer, and after-sales service cannot be guaranteed;

3.WeChat friends, some of whom do not know their true names, addresses, and other information, resulting in difficulties in protecting their rights, and some even have been deceived from time to time.

Therefore, it is necessary to purchase medical masks through legitimate pharmacies and hospitals as much as possible; Currently, Guangzhou has purchased masks through Suikang's appointment pharmacy to avoid the risk of infection caused by overcrowding. If you do purchase online, you must check the corresponding license to see if you have the relevant qualifications, models, hygiene standards, etc. to sell medical masks.

At the same time, timely reporting to the police or reporting to the market supervision and management department if purchasing masks with substandard quality; Those who have been cheated of money should report to the police in a timely manner.

6、 Legal issues regarding the arbitrary disposal of masks

For masks worn by healthy people, if there is no risk of transmission of novel coronavirus, they can be treated as general domestic waste according to the classification requirements of domestic waste. People are not encouraged to discard after boiling water or burning it to prevent secondary virus pollution or environmental pollution.

However, masks worn by suspected cases or confirmed patients should not be discarded arbitrarily and should be treated as medical waste. They should be handled strictly according to the relevant procedures for medical waste and can be carried to the hospital's medical waste bin for disposal.

Conclusion:

Although masks are small, life and health are important. Manufacturers must produce legally, merchants must sell legally, residents must use correctly, and dispose of correctly after use all involve legal issues. We will not engage in illegal activities or cause chaos, and work together to win this battle against the epidemic.