How to punish private medical practice during the epidemic?

According to the relevant laws and regulations, opening a business without permission during the epidemic period is a violation of public order, public safety, personal rights and property rights, and social management, which is of great social harm. If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law. If an enterprise violates the local regulations on returning to work and returns to work ahead of schedule without authorization, which affects the prevention and control of the epidemic, it may take administrative punishment measures such as warning, fine and detention on the enterprise and its responsible person. If the spread and epidemic of infectious diseases are caused by the early resumption of work, resulting in personal and property damage to the parties, the enterprise shall bear the liability for civil tort compensation. Those who cause the spread of Class A infectious diseases or are in serious danger of spread shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Legal analysis

Article 2 of People's Republic of China (PRC) Public Security Administration Punishment Law disturbs public order, endangers public safety, infringes on personal rights and property rights, and hinders social management, which is socially harmful. If a crime is constituted in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), criminal responsibility shall be investigated according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law. Fiftieth one of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they 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: (1) refusing to implement the decisions and orders issued by the people's government according to law in an emergency; (two) hinder the staff of state organs to perform their duties according to law; (3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks; (four) forcibly broke into the warning tape and the warning zone set up by the public security organs. Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment. Article 64 of the Emergency Response Law of People's Republic of China (PRC) City is under any of the following circumstances, the local people's government performing unified leadership duties shall order it to stop production and business, temporarily suspend or revoke its license and business license, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law: (1) failing to take preventive measures as required, causing serious emergencies; (two) did not promptly eliminate the hidden dangers that have been discovered and may cause emergencies, resulting in major emergencies; (3) Failing to do a good job in the daily maintenance and testing of emergency equipment and facilities, resulting in serious emergencies or the expansion of emergency hazards; (four) after the emergency, the emergency rescue work is not organized in time, causing serious consequences. The acts specified in the preceding paragraph shall be punished by the relevant departments of the people's government in accordance with the provisions of other laws and administrative regulations.