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Three-year Reflection on the New Coronary Epidemic Nine|Who Should Be Responsible for Systematic Violations?

2023-01-03T10:17:25.614Z


During the New Year's Day holiday that just passed, the number of people traveling all over China was full. After relaxing the epidemic prevention policy, China is showing normalization after getting out of the first wave of epidemic infection. According to comprehensive data from the China Tourism Academy


During the New Year's Day holiday that just passed, the number of people traveling all over China was full. After relaxing the epidemic prevention policy, China is showing normalization after getting out of the first wave of epidemic infection.

According to comprehensive data from the China Tourism Academy, during the New Year's Day holiday in 2023, the enthusiasm of Chinese tourists to travel has steadily increased, and inter-provincial travel and long-distance travel have resumed in an orderly manner.

According to Fliggy’s data, travel bookings for New Year’s Day in 2023 will peak in the penultimate week of December 2022. The number of searches for “New Year’s Day” and “New Year’s Eve” related products has increased by more than 6 times month-on-month, and the number of air ticket reservations for New Year’s Day travel has increased by more than 10% month-on-month. The number of reservations for tourism-related products in warm-climate destinations such as Hainan, Yunnan, and Guangdong doubled.

Three-year Reflection on the New Crown Epidemic 1|Victory or Lesson?

Three-year Reflection on the New Coronary Epidemic Part 2|How is the "Whistleblower System" possible?

Three years of reflection on the new crown epidemic Ⅲ|Is it all the fault of the local government?

Reflection on the New Crown Epidemic in Three Years Four|Policy Takes a Sharp Turn, What to Do in the Rural Areas?

Three-year reflection on the new crown epidemic five|Medical experts collectively fell to the altar?

Three-year Reflection on the New Coronary Epidemic·6|What is "Life First"?

Three-Year Reflection on the New Crown Epidemic Seven|Is full liberalization an active choice or a passive one?

Three-year Reflection on the New Coronary Epidemic Eight|Can Epidemic Prevention Really Be Depoliticized?

In the past three years, the impact of the epidemic on the tourism industry has been obvious, and this round of explosive growth is also expected.

But corresponding to the thriving data of the tourism industry during the New Year's Day holiday, there is another set of more worrying data-the World Bank recently announced a new poverty line standard, under which China still has 19% of the population About 273.0 million people are below the poverty line, that is, poor people. The three-year epidemic has made China's poverty reduction work even more difficult, and some people have become poor again.

Faced with a set of data, looking back at the past three years, people can have many aspects to summarize and reflect on, but one of the most important aspects is missing today, and that is the aspect of the rule of law.

In his New Year’s message in 2023, Xi Jinping mentioned the 20th National Congress, the fight against poverty, the death of Jiang Zemin, the Winter Olympics, and the launch of the third aircraft carrier... When talking about the epidemic, he continued his usual statement, saying that "after arduous efforts , we have overcome unprecedented difficulties and challenges, and it is not easy for everyone." And in the final outlook part, he said frankly, "China is so big, different people will have different demands, and they will have different views on the same thing, which is normal. Consensus must be built through communication and consultation. The more than 1.4 billion Chinese people think in one direction and work in one direction. If we work together in the same boat and unite as one, there is nothing that cannot be done or hurdles that cannot be overcome.”

After the adjustment of China's epidemic prevention policy, there has been a small peak of travel around the New Year's Day holiday.

(China News Agency)

For China, which is still under the pressure of a huge infection wave, it is indeed necessary to build consensus and help each other in the same boat, but at the same time, reflection and summary are also necessary links, especially reflection on the dimension of the rule of law.

Because in the past three years, from the Wuhan epidemic to the later Shanghai epidemic, and before and after the introduction of the "20 Measures", the questioning of the rule of law has almost run through the entire epidemic prevention process.

For example, during the Wuhan epidemic, in the face of the sudden outbreak, on January 23, 2020, Wuhan announced the closure of the city, and finally officially lifted it on April 8, 2020, which lasted for 76 days.

At that time, Qin Qianhong, a professor at the Law School of Wuhan University who was in Wuhan before and after the closure of the city, called in his diary recording the Wuhan epidemic that China should enact a state of emergency law.

In December 2020, Qin Qianhong made it clear in an interview with a reporter from "Hong Kong 01" that the enactment of the state of emergency law is not only for the implementation of the constitution and the need for the implementation of the constitution, but also for the integration of different laws to avoid conflicts between laws .

The Constitution clearly defines what constitutes a "state of emergency", and the outbreak of infectious diseases is only a "public health emergency" as defined in the "Emergency Response Law" and "Regulations on Public Health Emergency Response". Therefore, no matter whether it was the closure of Wuhan or the subsequent closure of Shanghai, all places have only entered a "state of emergency" rather than a "state of emergency".

Another example is during the epidemic in Shanghai, practices such as "one person who is positive, the whole building is quarantined" and "door-to-house killing" sparked a strong backlash from public opinion and attracted the attention of legal circles.

At that time, Tong Zhiwei, a professor of constitutional law from East China University of Political Science and Law, clearly stated in an article entitled "Legal Opinions on Two Measures for Shanghai's New Crown Epidemic Prevention", "The disclosed video and audio of the dialogue between Shanghai officials and relevant residents showed that The situation caused by the two measures taken by Shanghai to prevent the new crown virus epidemic is very serious, and the reaction among the citizens is also very strong, which may cause some kind of disaster for the rule of law.” Based on this, Tong Zhiwei made a clear appeal based on the existing legal provisions: Any practice of coercive means to send people to shelters for isolation is illegal and should be stopped immediately; no organization in Shanghai has the right to force citizens to hand over their house keys and enter their houses for "killing"; If the status is not met, it may be submitted to the Standing Committee of the National People's Congress or the State Council to take corresponding measures in accordance with the Constitution.

(For more information, please refer to "Questions on Shanghai's Epidemic Prevention: Must Keep the Bottom Line of the Rule of Law")

Some official practices during the Shanghai epidemic have aroused people's questioning and concerns about the rule of law.

(Xinhua News Agency)

Before and after the announcement of the other 20 measures, under the pressure of events such as the fire in Urumqi, people from all over the country took to the streets at the end of November to express their dissatisfaction with the strict epidemic prevention policies.

Overnight, people suddenly realized that the practices that most people have been accustomed to in the past three years have no legal basis. The government at the next higher level of the government has the right to make a decision, and it can only be implemented by qualified law enforcement staff members of the public security organs of the local people's governments above the county level in accordance with the procedures prescribed by law, and cannot be entrusted to sub-district offices, neighborhood committees, or property companies. , security companies, etc., otherwise it is an illegal restriction of the personal freedom of citizens.

Based on this, many community owners in Beijing asked the neighborhood committees to unblock the community, and this was achieved.

From the large-scale closure of the city in Wuhan to "one person positive, the whole building is quarantined", and then to the closure of neighborhoods by non-administrative neighborhood committees, Zhai Zhiyong, an associate professor of constitutional law and jurisprudence at the Law School of Beihang University, summarized this as "systematic. illegality”, and when such “systematic illegality” accumulates to a certain extent, it is bound to arouse people’s systematic resistance and systematic rejection.

But at the same time, Zhai Zhiyong also admitted frankly that because it is a "systematic violation of the law", it is difficult to find the responsible party.

In the end, such systematic violations have led to a situation where no one is held accountable.

2022 is the 40th anniversary of the promulgation and implementation of China's current constitution. On December 19, the official media published Xi Jinping's signed article "Writing a New Chapter in the Practice of the Chinese Constitution in the New Era", which wrote, "To improve the party's ability to govern the country and govern according to the constitution, we must The implementation of the Constitution is implemented in the overall practice of coordinating and promoting the overall layout of "Five in One" and the strategic layout of "Four Comprehensives", and it is implemented in all aspects of reform, development and stability, internal affairs, foreign affairs, national defense, and party, state and military governance. Promote the rule of law in all aspects of the country's work." "It is necessary to implement the constitution and laws in the entire process of decision-making and policy-making by party committees at all levels, adhere to law-based decision-making and law-based policy implementation, keep the bottom line of not contradicting the constitution and laws, and ensure that policy-making policies can withstand history and history. People's inspection." The article also stated, "No organization or individual shall have the privilege of going beyond the constitution and laws, and all acts that violate the constitution and laws must be investigated."

"Comprehensively promoting the rule of law in all aspects of the country's work" is particularly important for China today. When it comes to action and practice, we might as well take the issue of the rule of law in the past three years of epidemic prevention as a starting point and opportunity. Looking back at the important aspects of the epidemic in the past three years that cannot be bypassed.

Three-year Reflection on the New Crown Epidemic 1|Victory or Lesson?

Three-year Reflection on the New Coronary Epidemic Part 2|How is the "Whistleblower System" possible?

Three years of reflection on the new crown epidemic Ⅲ|Is it all the fault of the local government?

Reflection on the New Crown Epidemic in Three Years Four|Policy Takes a Sharp Turn, What to Do in the Rural Areas?

Three-year reflection on the new crown epidemic five|Medical experts collectively fell to the altar?

Three-year Reflection on the New Coronary Epidemic·6|What is "Life First"?

Three-Year Reflection on the New Crown Epidemic Seven|Is full liberalization an active choice or a passive one?

Three-year Reflection on the New Coronary Epidemic Eight|Can Epidemic Prevention Really Be Depoliticized?

Source: hk1

All news articles on 2023-01-03

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