In the current epidemic, lawyers have to remind you of common legal risks

2020 02/05


The Spring Festival in the Year of the Rat is destined to be unforgettable and unpeaceful for our thousands of households. In order to welcome the annual Spring Festival, we had our nails, changed our hairstyles and bought new clothes, but because of the new coronavirus, we were confined at home for the entire holiday, and we could only greet the New Year with our relatives and friends through mobile phones.

While disappointed and worried, we are also paying close attention to the development of the epidemic, and are often moved by medical workers, police officers, traffic police, sanitation, streets, takeaway boys, and other workers from all walks of life who are struggling on the front line and working hard to control the epidemic.

During the epidemic, we should also understand some legal knowledge, restrain our words and deeds, and do not touch the bottom line of the law.

First, do not spread rumors, do not spread rumors, do not believe in rumors, in extraordinary times, if you cannot fight on the front line, at least be a silent wise man.

I believe that many people will recently see on the Internet that "10,000 people in a certain city have been infected", "dozens of deaths in a certain county", "a doctor has been to Wuhan, returned to the city for daily rounds, patients are isolated, my friend's wife is from that hospital"...... Similar rumors, although proven to be false, will inevitably cause panic among people.

The Internet is not an illegal place, and many people think that sending messages in WeChat groups or other online social platforms is nothing, or that it is a kind reminder. But these rumors will not only not play a positive role, but also add a lot of anxiety, and even disrupt social order to a certain extent. At present, due to various rumors circulating in WeChat groups, many group owners have been interviewed and criticized by the public security organs. Remind everyone that during these extraordinary times, you should be rational and do not spread news from unknown sources, even if you are well-intentioned. You can't listen to the wind or rain and deliberately make up rumors. Look at the excitement is not afraid of big things, and eventually harm others and harm yourself.

Relevant Laws:

Article 25 of the Law of the People's Republic of China on Administrative Punishments for Public Security:

Whoever commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan;where the circumstances are minor, they shall be detained for not more than five days or fined not more than 500 yuan:

(1) Spreading rumors, falsely reporting dangers, epidemics, police situations, or intentionally disrupting public order by other methods;

(2) Disturbing public order by releasing false explosive, toxic, radioactive, corrosive substances, infectious disease pathogens or other dangerous substances;

(3) Threatening to carry out arson, explosions, or the release of dangerous substances to disrupt public order.


Article 10 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters: Whoever fabricates terrorist information related to sudden infectious disease epidemics and other disasters, or knowingly disseminates such terrorist information and seriously disrupts social order, shall be convicted and punished as the crime of fabricating or intentionally disseminating false terrorist information in accordance with the provisions of Article 291-1 of the Criminal Law.

Article 291-1 of the Criminal Law of the People's Republic of China for the crime of placing false dangerous substances:

Whoever disseminates false explosive, toxic, radioactive, infectious disease pathogens or other substances, or fabricates terrorist information such as explosive threats, biochemical threats, or radiological threats, or knowingly disseminates terrorist information that is fabricated, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than five years. Whoever fabricates false information about dangers, epidemics, disasters, or police situations and disseminates it on information networks or other media, or knowingly disseminates the above false information on information networks or other media, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Second, for the health of themselves and others, people who may be infected should take the initiative to self-isolate, and the isolation is the virus, which brings a responsibility and love to relatives, friends and society.

If you have been to Wuhan during the epidemic, or have contact with a person infected with the new coronavirus, or even have symptoms such as fever and cough, you must take the initiative to report to relevant institutions, self-isolate, and do not have close contact with people.

Gou, a villager who lives in Huangzhong County, Xining City, has been working in Wuhan for a long time, and after returning to his hometown, he refused to implement the requirements of the Xining City Novel Coronavirus Pneumonia Epidemic Prevention and Control Work Headquarters that "personnel in key areas need to register with the community (village) for the record, and take the initiative to isolate at home", deliberately concealed the true itinerary and activities, fabricated false information on the date of returning to Ningning, deliberately concealed his symptoms such as fever and cough, deceived the investigation and visiting personnel, and took the initiative to have close contact with the surrounding people on many occasions. It has now been placed on file for investigation by the public security organs.

Relevant Laws:

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 the Handling of Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters: Where the pathogens of sudden infectious diseases are intentionally transmitted and endanger public safety, those who intentionally spread pathogens of sudden infectious diseases shall be convicted and punished in accordance with the provisions of Article 114 and the first paragraph of Article 115 of the Criminal Law, as the crime of endangering public security by dangerous methods.

Where a person suffering from a sudden infectious disease or suspected of a sudden infectious disease refuses to accept quarantine, compulsory isolation or treatment, and negligently causes the spread of an infectious disease, and the circumstances are serious and endangers public safety, he shall be convicted and punished as the crime of negligently endangering public security by dangerous methods in accordance with the provisions of the second paragraph of Criminal Law article 115.

Article 114 of the Criminal Law of the People's Republic of China: Whoever endangers public safety by arson, flooding, explosion, or the release of poisonous, radioactive, infectious disease pathogens or other dangerous methods has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 115: Whoever sets fire, floods, explodes, releases poisonous, radioactive, infectious disease pathogens or other substances or uses other dangerous methods to cause serious injury or death or cause major losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty. Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are less serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Third, if you operate a physical store or a Taobao merchant, you must strictly control the price of epidemic protection equipment when selling epidemic protection equipment, make it difficult to make money in the country, and eat too ugly.

On January 26, the Market Supervision Bureau of Jinnan District of Tianjin City inspected a chain pharmacy based on a report. This pharmacy raised the KN95 mask with a purchase price of 12 yuan / piece to 128 yuan / sale, and the purchase price of 15.2 yuan / box of Pian Zixi anti-smog mask to 58~78 yuan// // Box sales. The Jinnan District Market Supervision Bureau determined that the pharmacy's behavior violated the Price Law and the Administrative Punishment Provisions for Price Violations, raised prices, proposed to impose a fine of 3 million yuan on it, and transferred the relevant clues of its suspected economic crimes to the public security department.


Relevant Laws:

Article 6 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 Handling Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters: Whoever violates the provisions of the State on market operation and price management during the prevention and control of sudden infectious disease epidemics and other disasters, raises prices, makes huge profits, seriously disrupts market order, and has a large amount of illegal gains or other serious circumstances, shall be convicted of the crime of illegal business operation in accordance with the provisions of Article 225 (4) of the Criminal Law. Severe punishment in accordance with law.

Article 225 of the Criminal Law of the People's Republic of China:

Where a person violates state regulations and commits any of the following illegal business acts, disrupting market order, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the unlawful gains concurrently or individually; where the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined between one and five times the unlawful gains or have their property confiscated: (1) Dealing in franchises, monopoly goods, or other items restricted from trading as provided for by laws and administrative regulations without permission; (2) Buying and selling import and export licenses, certificates of import and export origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally engaging in securities, futures, or insurance business without the approval of the relevant competent departments of the State, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

Fourth, during the epidemic, movement is restricted, and self-practice in adversity is particularly important. Don't get angry and burn yourself.

Recently, a private car owner was forcibly banned from entering the community due to strict management during the epidemic in the community, forcibly crashed into the landing pole of the access control fence, and drove into the community. The security guard had no choice but to call the police.

Relevant Laws:

Article 26 of the Law of the People's Republic of China on Administrative Punishments for Public Security: Whoever commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan;where the circumstances are more serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan: (1) those who fight in groups)) those who chase or intercept others;(3) those who forcibly take or arbitrarily damage or occupy public or private property;( ;(;(4)))Other acts of picking quarrels and provoking trouble.

Article 11 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters:

During the prevention and control of sudden infectious disease epidemics and other disasters, whoever forcibly or arbitrarily destroys or occupies public or private property in serious circumstances, or causes disturbances in public places, causing serious disorder in public places, shall be convicted of the crime of picking quarrels and provoking trouble in accordance with the provisions of Article 293 of the Criminal Law and given a heavier punishment in accordance with law.

Article 293 of the Criminal Law of the People's Republic of China: Whoever commits any of the following acts of picking quarrels and provoking trouble, disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance: (1) Arbitrarily beating others, and the circumstances are heinous; (2) Chasing, intercepting, insulting, or intimidating others, and the circumstances are egregious; (3) Forcibly taking or arbitrarily destroying or occupying public or private property, and the circumstances are serious; (4) Making a disturbance in a public place, causing serious disorder in a public place. Whoever gathers others to carry out the acts mentioned in the preceding paragraph multiple times, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.

Finally, I would like to remind everyone that there is no need to panic excessively, there is no need to blindly stock up on goods, and under the premise of good protection, we can use this time to stay dormant at home to read some books that we usually don't have time to read, cultivate healthy living habits, accompany our parents and children more, do not add chaos to the country, and do not undermine social order, which is our contribution to the motherland and the people. It would be nice to have some practical help for those on the front lines of the fight against the virus. As Gao Xiaosong wrote on Weibo: The colder the world, the hotter we are. I believe that we will be able to overcome the difficulties together and gather together in the spring blossoms.



(This article is translated by software translator for reference only.)