Legal basis of punishment for not wearing a mask

Failure to comply with the relevant regulations on wearing masks is an act of refusing to implement epidemic prevention and control measures.

During the epidemic prevention and control, it is a legal obligation to wear a mask when going out in public places or having symptoms such as fever. It is illegal to refuse to carry out the decisions and orders issued by the people's government in an emergency.

First of all, we must bear civil liability. According to Article 77 of the Law on the Prevention and Control of Infectious Diseases, those who refuse to wear masks lead to the spread and prevalence of infectious diseases and cause personal and property damage to others shall bear civil liability according to law.

Secondly, administrative responsibility. According to the "Public Security Administration Punishment Law", in an emergency, those who refuse to implement the decisions and orders issued by the people's government according to law will be given a warning or fined up to 200 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.

Finally, whoever violates the provisions of the Law on the Prevention and Control of Infectious Diseases and refuses to implement the prevention and control measures put forward by the health and epidemic prevention institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, causing the spread of COVID-19 or having a serious risk of spread, shall be convicted and punished for the crime of obstructing the prevention and control of infectious diseases in accordance with Article 330 of the Criminal Law. 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 ground

Article 50 of the Law on Public Security Administration Punishment shall be given a warning or a fine of not more than 200 yuan in case of any of the following acts; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(a) refusing to implement the decisions and orders issued by the people's government 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.