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Laws and Regulations about Epidemic Prevention and Control

March 18, 2020

1. What legal liabilities should be borne if one refuses to take quarantine, forced isolation or treatment?
Coronavirus patients or suspected coronavirus patients shall be in quarantine for treatment. Whoever refuses to be segregated for treatment or escapes from isolation without permission shall be forced to medical institutions with the assistance of the police office. Coronavirus patients or suspected coronavirus patients who refuse to take quarantine, enforced isolation or treatment and whose actions lead to the dissemination of the disease shall be convicted and punished for the crime of negligent endangering public security by a dangerous means.
2. What legal liabilities should be borne if one fabricates false information and deliberately disseminates false information about the epidemic situation?
Whomever fabricates and disseminates false information on the course of emergency situations or emergency response, or knowingly disseminates false information, shall be commanded a correction and given a warning. If serious consequences are caused, his or her business activities shall be suspended and practice license shall be revoked according to the law. If one directly responsible for the matter belongs to state personnel, he or she shall be given sanctions according to the law. Those persons whose actions violate the administration of public security shall be punished by the public security organization according to the law.
Whoever fabricates false information on dangerous cases, epidemic situations, disasters or warning situations and disseminates false information on the Internet or through other media, or knowingly disseminates false information deliberately on the Internet or other media, which disturb the public order in a serious way, shall be sentenced to: a fixed-time imprisonment of less than 3 years, criminal detention or criminal surveillance. If serious consequences are caused, he or she shall be sentenced to a fixed-time imprisonment of 3-7 years.
What legal liabilities should be borneby those who engage in price gouging, making huge profits and seriously violating market order?
Business owners who hike up prices shall be ordered to make corrections, their illegal gains shall be confiscated, and they shall be fined less than five times their illegal gains; if there are no illegal gains, they shall be fined more than 50 thousand yuan but less than 500 thousand yuan, and if the circumstances are relatively serious, they shall be fined more than 500 thousand yuan but less than 3 million yuan; if the circumstances are serious, they shall be ordered to stop business for rectification, or their business licenses shall be revoked by the Administrative Department for Industry and Commerce.
For those who are in violation of the relevant regulations on market operationand price management during the period of preventing and controlling the outbreak of infectious diseases and other disasters, or hiking up prices, making huge profits and seriously disrupting the market order, if the amount of illegal gains is relatively large or there are other serious circumstances, they shall be convicted of the crime of illegal operation and given a heavier punishment according to the law.
What legal liabilities should be bornefor the production and sales of medical devices and medical and health materials that do not meet quality standards?
Whoever produces medical devices or medical and health materials that do not conform to the national or industrial standards for human health, or knowingly sells medical devices or medical and health materials that do not conform to the national or industrial standards for human health, which are serious enough to endanger human health, shall be sentenced toa fixed-term imprisonment of less than three years or criminal detention and shall also be fined more than 50% but less than twice the amount of sales; and If great harm is done to human health, he or she shall be sentenced to a fixed-term imprisonment of more than three years but less than 10 years and shall also be fined more than 50% but less than twice the amount of sales; if the consequences are especially serious, he or she shall be sentenced to fixed-term imprisonment of more than 10 years or life imprisonment and shall also be fined more than 50% but less than twice the amount of sales or be sentenced to confiscation of property.
During the period of prevention and control of sudden infectious diseases and other disasters, the production of medical devices and medical and health materials for the prevention and control of infectious diseases that do not meet the national and industrial standards for human health, or the sales of medical devices and medical and health materials that are intentionally used for the prevention and control of infectious diseases that do not meet the national and industrial standards for safeguarding human health, have the function of prevention and treatment, and if its function is serious enough to endanger human health, perpetrators shall be convicted of the crime of producing or selling medical equipment that does not meet the standards, and shall be given a heavier punishment according to the law.

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