At present, the spread of the epidemic in some areas in my country has accelerated, and the difficulty of preventing and control is increasing.Recently, the situation in which rural areas were reproduced in many places.
Villagers from Henan Pingdingshan and Linyi, Shandong told the Beijing News reporter that they did not receive a road closure or notified cases in the village, and they were directly sealed.They told reporters that the road closure has led to the injury and injury of the people who passed by the bicycle, and the car detour and the large crops.The reporter noticed that in social media, many netizens said that the villages and villages were closed.Among them, the address involves Liaoning, Hubei, Jiangxi, Gansu, Inner Mongolia, Shaanxi and so on.
Experts and lawyers interviewed by reporters from the Beijing News said that they did not block the road without authorization by the government at or above the government at or above the county level.
The road closure must be approved by governments at or above the county level
Can the village committee decide traffic restrictions such as road closure?
The prevention and control of the infectious diseases in my country stipulates that when infectious diseases are outbreak and epidemic, local people's governments at or above the county level shall immediately organize their strength to prevent and control the transmission of infectious diseases in accordance with the prevention and control plan.If necessary, report to emergency measures such as restricting gathering activities and closure of the proliferation of infectious diseases in the decision of the people's government of the next higher level.
It can be seen from the law that in the emergency situation of the outbreak, in order to cut off the transmission of infectious diseases, it can restrict people's gathering activities and traffic restrictions such as road closure.Although the law does not clearly take traffic restrictions such as road closure, through explanation, it can be understood to a certain extent as allowing traffic restrictions.Gao Yandong, a researcher at the Zhejiang Provincial Institute of Public Policy.
However, the approval process of restricting measures should be: local people's governments at or above the county level have confirmed that emergency measures need to take MDash; mdash; report to the higher -level people's government MDash; MDash;
Ai Jing, a senior partner of the Renmin University of China and senior partner of Beijing Yingke Law Firm, also pointed out that the main body of emergency measures such as closed -related places is the county -level government's higher -level governments.Autonomous organizations such as village committees do not have this power.
In addition, according to the provisions of the infectious disease prevention and control law, it is possible to be closed only when the village is determined to be an epidemic area.If it is just to prevent others from entering the village to bring the risk of infectious diseases, it is an obvious illegal act.If there is such a situation, you can report and report to the relevant departments in a timely manner.Ai Jing said.
Gao Yandong and Ai Jing pointed out that after the approval of legitimate procedures, the implementation of restrictions such as road closures should be notified in time, and the corresponding living security should be given in time to reduce the negative impact on the production and life of the residents.
If you delay the rescue and cause an accident without authorization, you shall bear legal responsibility
The road closure of the village will inevitably have a negative impact on the production and life of the villagers.Some villagers proposed that if someone is sick, what should I do if they can't get out or get in?
The reporter noticed that in February 2020, a fire truck in Lanzhou had encountered two road closures during the rescue.Firefighters had no choice but to clean up the dumplings and roadblocks through iron, and finally delayed 20 minutes to reach the scene of the accident.
Gao Yandong said that if the village committee seal the road without authorization, the ambulance or fire trucks who perform emergency tasks shall bear the administrative responsibility according to the law of punishment of public security management.The specific responsibilities shall be borne by the road closure.
Ai Jing believes that the village committee's unauthorized road closure leads to a delay in ambulance rescue or fire truck rescue. Therefore, if personnel and property are lost, individuals and units that are actually damaged can beThe actual blocking personnel jointly submitted civil compensation requests.Relevant personnel of the village committee who have unauthorized roads know that the emergency task of ambulance or fire trucks still deliberately stops. If the circumstances are serious, the punishment law may be fined or detained in accordance with the law and ordering law.
Should the village committees unauthorized roads and interruptions lead to traffic accidents, should they bear legal responsibility?
Ai Jing told reporters that such cases did happen.According to the responsibility of traffic accidents determined by the traffic police department, the specific compensation obligations shall be jointly borne by the village committee and the road closure and the actual roadblocks.
The village committee can use the collective property compensation of the village, and after compensation, they can recover from those with faults.Gao Yandong said.
In addition, Gao Yandong pointed out that the village committee has a subjective intentional intention to block the road without authorization. The results of the casualties of traffic personnel are within the scope of the foreseeable of the village committee, and the village committee has a laissez -faire attitude towards this result., Will constitute the crime of death, and the specific implementation personnel will bear criminal responsibility.
At the same time, Ai Jing pointed out that if it is not approved and takes the method of setting up cards, blocking, blocking roads, and disconnecting roads without authorization, seriously obstructing traffic is sufficient to occur and destroy the danger of vehicles.
Experts say that legal publicity should be strengthened and government supervision should be strengthened
Recently, Article 20 measures issued by the joint prevention and control mechanism issued by the State Council are clear. Local party committees and governments must strictly implement the national unified national prevention and control policy.Press.
At the beginning of the outbreak of the epidemic in 2020, it was the most concentrated period of traffic restrictions such as road closures and interruptions in various places.The reporter noticed that at the time, multiple departments had stressed that it was strictly forbidden to seal the road and disconnect.
On January 28, 2020, when the Ministry of Public Security held a meeting of the response to the new crown pneumonia's epidemic, it was clear that illegal acts such as setting up card interception and interception of traffic interception and blocking traffic without approved approval should immediately report to the party committee and government, deal with it in accordance with the law, and maintain normal traffic order in accordance with the law to maintain normal traffic order.EssenceSince then, the Traffic Management Bureau of the Ministry of Public Security has repeatedly emphasized that any unit or individual may be separated or cut off rural roads without the prevention and control of the epidemic.
The Ministry of Transport and the Ministry of Agriculture and Rural Affairs have also demanded many times, and it is not allowed to simply take hardoly isolation methods such as stacking and digging to prevent rural road traffic; it is strictly forbidden to set up card interception and disconnect roads to ensure the smooth flow of agricultural materials.
The reporter sorted out and found that since the occurrence of Shandong, Henan, Liaoning, Jiangxi and other places, it has also issued many measures since the occurrence of the epidemic in the occurrence of villages and roads.
On November 19, the notice issued by the General Office of the Henan Provincial People's Government on the development of vegetable promotion was clearly clear. It is strictly forbidden to block the roads. It is strictly forbidden to block the road without authorization to ensure that roads leading to vegetable bases and agricultural products wholesale markets are unobstructed.
The epidemic has been in the past three years. In the case of repeated emphasis on governments and departments at all levels and departments, why do rural areas do not be closed and disconnected at will.
Gao Yandong believes that there are three main reasons: First, the legal awareness is weak. Members of the village committee may not know that the village committee has no power to implement the road as a mass autonomous organization and does not realize the illegality of unauthorized roads; second, townships, county -level governmentsThe supervision is not in place; the third is the imbalance of epidemic prevention resources. The prevention and control of the epidemic consumes a lot of resources. Most rural areas are lacking in human and material resources.
In this regard, Gao Yandong proposed that the township and county -level people's governments should strengthen legal propaganda, allow village committees and villagers to recognize the illegal and harmfulness of the road to seal the road, and strengthen the pre -approval and post supervision of the superior government.The people's governments at or above the county level shall formulate a detailed epidemic prevention and control guide in accordance with the relevant policies of the central government, and urge all townships and villages to implement them.The relevant personnel who make a random closure decision shall investigate its corresponding legal responsibilities in accordance with the law.
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