Doctor: Through illness analysis: If you don't have a fever and cough, and you haven't been to the birthplace of the virus, you don't need to do nucleic acid testing. If you have been to high-risk areas, you will have a fever, a sore throat and a runny nose. Close contact with virus-infected people, accompanied by fever, cough and so on. It is necessary to carry out nucleic acid detection. Self-isolation is required for nucleic acid detection 14 days. If the nucleic acid test is negative twice and no symptoms appear during this period, the isolation can be lifted. Usually be careful not to go to crowded places, keep clean and wear masks when going out.

The legal basis for compulsory nucleic acid testing suspected of violating the law!

So far, there is no law requiring patients to do nucleic acid testing, let alone healthy people to do nucleic acid testing. Therefore, there is no legal basis for compulsory nucleic acid testing.

On the contrary, many laws stipulate that nucleic acid testing must be based on the voluntary principle. If compulsory nucleic acid testing is suspected of violating the "crime of illegally collecting human genetic resources" stipulated in the criminal law, it can be sentenced to a maximum of 7 years in prison.

1. The Law on the Prevention and Control of Infectious Diseases is very professional and authoritative, and all epidemic prevention work should be carried out under the constraint of this law. The Law on the Prevention and Control of Infectious Diseases stipulates that the time to collect samples can only be when there is an epidemic, and the places to collect samples can only be epidemic areas and epidemic spots, and the objects to collect samples can only be patients, suspected patients and close contacts. It is illegal to collect samples beyond the time, place and object specified in this Law. There is no nucleic acid test in the diagnostic basis stipulated in the Law on the Prevention and Control of Infectious Diseases.

2. For example, Article 48 of the Law on the Prevention and Control of Infectious Diseases in People's Republic of China (PRC) stipulates: "When an epidemic situation of infectious diseases occurs, the disease prevention and control institutions designated by the health administrative department of the people's government at or above the provincial level and other professional and technical institutions related to infectious diseases may enter the epidemic spot and epidemic area for investigation, sample collection, technical analysis and inspection."

2. Paragraph 8 of Article 85 of the Biosafety Law of People's Republic of China (PRC) stipulates: "Human genetic resources include materials and information of human genetic resources. Human genetic resources refer to organs, tissues, cells and other genetic materials containing human genome, genes and other genetic materials. Human genetic resources information refers to information such as data generated by using human genetic resources materials. " Article 2 of the Regulations on the Protection of Human Genetic Resources in People's Republic of China (PRC) stipulates: "The human genetic resources mentioned in the Regulations include human genetic resources materials and information. Human genetic resources refer to organs, tissues, cells and other genetic materials containing human genome, genes and other genetic materials. Human genetic resources information refers to information such as data generated by using human genetic resources materials. "

The samples collected during nucleic acid detection include human cells, which are legally human genetic resources and protected by relevant laws and regulations.

3. Article 11 of the Regulations on the Protection of Human Genetic Resources in People's Republic of China (PRC) stipulates: "The collection of human genetic resources from important genetic families and specific regions in China, or the collection of human genetic resources of the types and quantities specified by the administrative department of science and technology in the State Council shall meet the following conditions and be approved by the administrative department of science and technology in the State Council:

(1) Having the qualification of a legal person;

(2) The purpose of collection is clear and lawful;

(3) The acquisition plan is reasonable;

(4) Having passed the ethical review;

(5) Having departments and management systems responsible for the management of human genetic resources;

(six) there are places, facilities, equipment and personnel suitable for the collection activities.

Article 12 of the Regulations on the Management of Human Genetic Resources in People's Republic of China (PRC) stipulates: "When collecting human genetic resources in China, the providers of human genetic resources should be informed in advance of the collection purpose, collection purpose, possible impact on health, personal privacy protection measures and their right to voluntarily participate and unconditionally withdraw at any time, and the written consent of the providers of human genetic resources should be obtained. When informing the providers of human genetic resources of the information specified in the preceding paragraph, they must be comprehensive, complete, true and accurate, and must not conceal, mislead or deceive. "

4. Article 79 of the Biosafety Law of People's Republic of China (PRC): "Anyone who, in violation of the provisions of this law, collects and preserves human genetic resources in China without approval, or uses human genetic resources in China to carry out international scientific research cooperation, shall be ordered by the competent department of science and technology of the State Council to stop the illegal act, confiscate the illegal income and the illegally collected and preserved human genetic resources, and be fined not less than 500,000 yuan but not more than 5 million yuan, and fined not more than five times the illegal income. If the circumstances are serious, the legal representative, principal responsible person, directly responsible person in charge and other directly responsible personnel shall be punished according to law, and it is forbidden to engage in corresponding activities within five years. "

5. In order to crack down on illegal collection of human genetic resources, the crime of illegal collection of human genetic resources was added to the revised Criminal Law, which came into effect on March 1 20265438. One of Article 334 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever, in violation of the relevant provisions of the state, illegally collects human genetic resources in China or illegally transports, mails or carries materials of human genetic resources out of the country, endangering public health or social public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or shall only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "

To sum up, it is a serious illegal act to force citizens to enter and leave public places with negative proof of nucleic acid test, which does not meet the specific conditions for collecting samples stipulated in the Law on the Prevention and Control of Infectious Diseases, and there is no approval document from the Ministry of Science and Technology, and it also violates the voluntary principle stipulated by law.

People's Republic of China (PRC) Infectious Disease Prevention Law (Excerpt)

People's Republic of China (PRC) Law on the Prevention and Control of Infectious Diseases is a national legal document of China approved by NPC Standing Committee of China. The current Law on the Prevention and Control of Infectious Diseases in People's Republic of China (PRC) was revised on June 29th, 20th13rd.

Chapter I General Provisions

Article 3 Infectious diseases stipulated in this Law are divided into Class A, Class B and Class C. ..

Class A infectious diseases refer to plague and cholera.

Class B infectious diseases refer to pneumonia [3], infectious atypical pneumonia, AIDS, viral hepatitis, poliomyelitis, human infection with highly pathogenic avian influenza, measles, epidemic hemorrhagic fever, rabies, epidemic Japanese encephalitis, dengue fever, anthrax, bacterial and amebic dysentery, tuberculosis, typhoid and paratyphoid fever, epidemic cerebrospinal meningitis, whooping cough, diphtheria, neonatal tetanus and scarlet fever in novel coronavirus.

Class C infectious diseases refer to influenza, mumps, rubella, acute hemorrhagic conjunctivitis, leprosy, epidemic and endemic typhus, kala-azar, echinococcosis, filariasis, infectious diarrhea except cholera, bacterial and amebic dysentery, typhoid fever and paratyphoid fever.

According to the outbreak, epidemic situation and harm degree of infectious diseases, the health administrative department of the State Council can decide to increase, decrease or adjust the diseases of Class B and Class C infectious diseases, and publish them.

Article 4 Infectious atypical pneumonia in Class B infectious diseases, pulmonary anthrax in anthrax, human infection with highly pathogenic avian influenza and novel coronavirus shall adopt the prevention and control measures of Class A infectious diseases as mentioned in this Law. If other Class B infectious diseases and infectious diseases with unknown causes need to take the measures of prevention and control of Class A infectious diseases as mentioned in this Law, the administrative department of public health of the State Council shall promptly report to the State Council for approval before promulgation and implementation.

Article 5 People's governments at all levels shall lead the prevention and control of infectious diseases.

Seventh disease prevention and control institutions at all levels shall undertake the monitoring, prediction, epidemiological investigation and epidemic report of infectious diseases.

Medical institutions undertake the prevention and treatment of infectious diseases related to medical treatment and the prevention of infectious diseases in their areas of responsibility. Urban communities and rural grass-roots medical institutions shall, under the guidance of disease prevention and control institutions, undertake the corresponding prevention and control of infectious diseases in urban communities and rural grass-roots units.

Article 9 The State supports and encourages units and individuals to participate in the prevention and control of infectious diseases. People's governments at all levels should improve the relevant systems to facilitate units and individuals to participate in publicity and education, epidemic report, voluntary service and donation activities for the prevention and treatment of infectious diseases.

Residents' committees and villagers' committees shall organize residents and villagers to participate in the prevention and control of infectious diseases in communities and rural areas.

Twelfth all units and individuals in People's Republic of China (PRC) must accept the prevention and control measures such as investigation, inspection, sample collection and isolation treatment of infectious diseases by disease prevention and control institutions and medical institutions, and provide relevant information truthfully. Disease prevention and control institutions and medical institutions shall not disclose relevant information and materials involving personal privacy.

Where the administrative department of health and other relevant departments, disease prevention and control institutions and medical institutions illegally implement administrative management or prevention and control measures and infringe upon the legitimate rights and interests of units and individuals, the relevant units and individuals may apply for administrative reconsideration or bring a lawsuit according to law.

Article 15 The state practices a planned immunization system. The administrative department of health in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the needs of infectious disease prevention and control, formulate plans for infectious disease vaccination and organize their implementation. Vaccines used for vaccination must meet the national quality standards.

Article 16 The state and society should care for and help patients with infectious diseases, pathogen carriers and patients suspected of infectious diseases, so that they can receive timely treatment. No unit or individual may discriminate against patients with infectious diseases, pathogen carriers and suspected patients with infectious diseases.

Infectious disease patients, pathogen carriers and suspected infectious disease patients shall not engage in the work that is easy to spread infectious diseases, which is prohibited by laws, administrative regulations and the provisions of the health administrative department of the State Council before they are cured or suspected infectious diseases are eliminated.

Twenty-seventh sewage, dirt, places and articles contaminated by infectious disease pathogens, the relevant units and individuals must be strictly disinfected under the guidance of disease prevention and control institutions or in accordance with their hygiene requirements; Refuse to disinfect, by the local health administrative department or disease prevention and control institutions for compulsory disinfection.

Thirty-first any unit or individual shall report to the nearby disease prevention and control institutions or medical institutions in a timely manner when discovering patients with infectious diseases or suspected infectious diseases.

Article 34 The health administrative department of the local people's government at or above the county level shall timely notify the disease prevention and control institutions and medical institutions within their respective administrative areas of the epidemic situation of infectious diseases and relevant monitoring and early warning information. The disease prevention and control institutions and medical institutions that have received the notice shall promptly notify the relevant personnel of the unit.

Article 37 The relevant departments of the people's government, disease prevention and control institutions, medical institutions, blood collection and supply institutions and their staff responsible for reporting the epidemic situation of infectious diseases according to the provisions of this Law shall not conceal, falsely report or delay reporting the epidemic situation of infectious diseases.

Article 38 The State shall establish an information release system on epidemic situation of infectious diseases.

Information on epidemic situation of infectious diseases shall be released timely and accurately.

Article 39 When a medical institution discovers a Class A infectious disease, it shall take the following measures in time:

(a) isolation treatment of patients and pathogen carriers, and the isolation period shall be determined according to the results of medical examination;

(two) for suspected patients, isolation treatment in designated places before diagnosis;

(3) Carry out medical observation and take other necessary preventive measures at designated places for patients, pathogen carriers and close contacts of suspected patients in medical institutions.

The public security organ may assist medical institutions to take compulsory isolation treatment measures if they refuse isolation treatment or leave isolation treatment without authorization before the expiration of isolation period.

Medical institutions should take necessary treatment and control measures according to the condition when they find patients with Class B and Class C infectious diseases.

Article 41 The local people's governments at or above the county level may take isolation measures against the persons in the places where cases of Class A infectious diseases occur or in specific areas within the places, and report to the people's governments at the next higher level at the same time; The people's government at a higher level that receives the report shall immediately make a decision on approval or disapproval. If the people's government at a higher level makes a decision not to approve, the people's government that implements the isolation measures shall immediately lift the isolation measures.

During the period of isolation, the people's government that implements isolation measures shall provide living security for the isolated personnel; If the isolated person has a work unit, his work unit will not stop paying his remuneration during the isolation period.

The lifting of isolation measures shall be decided by the original decision-making organ and announced.

Article 42 In the event of an outbreak or epidemic of infectious diseases, the local people's governments at or above the county level shall immediately organize forces to carry out prevention and control in accordance with the prevention and control plan and cut off the transmission route of infectious diseases. When necessary, it shall be reported to the people's government at the next higher level for decision, and the following emergency measures may be taken and announced:

(1) Restrict or stop fairs, theatrical performances or other crowd gathering activities;

(2) suspension of work, business or classes;

(three) closed or sealed public drinking water sources, food and related items contaminated by infectious disease pathogens;

(4) controlling or culling wild animals, domestic animals and poultry infected with the epidemic;

(five) closed places that may cause the spread of infectious diseases.

When the people's government at a higher level receives the report of the people's government at a lower level on taking the emergency measures listed in the preceding paragraph, it shall make a decision immediately.

The lifting of emergency measures shall be decided and announced by the original decision-making organ.

Article 43 When Class A and Class B infectious diseases break out and become epidemic, the local people's governments at or above the county level may, upon the decision of the people's government at the next higher level, declare part or all of their administrative areas as epidemic areas; The State Council can decide and publish epidemic areas across provinces, autonomous regions and municipalities directly under the Central Government. The local people's governments at or above the county level in the epidemic area may take emergency measures as stipulated in Article 42 of this Law, and may carry out health quarantine on people, materials and means of transport entering or leaving the epidemic area.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to block the epidemic areas of Class A infectious diseases within their respective administrative areas; However, it is up to the State Council to block epidemic areas in large and medium-sized cities or across provinces, autonomous regions and municipalities directly under the Central Government, and to block trunk traffic or close borders.

The lifting of the blockade of epidemic areas shall be decided and announced by the original decision-making organ.

Article 44 When a Class A infectious disease occurs, in order to prevent the infectious disease from spreading through the means of transport and the people and articles it carries, traffic health quarantine can be implemented. The specific measures shall be formulated by the State Council.

Article 45 In the event of an outbreak or epidemic of infectious diseases, the State Council has the right to urgently mobilize personnel or reserve materials and temporarily requisition houses, vehicles and related facilities and equipment throughout the country or across provinces, autonomous regions and municipalities directly under the Central Government.

Those who are urgently transferred shall be given reasonable remuneration in accordance with the regulations. Temporary requisition of houses, vehicles and related facilities and equipment shall be compensated according to law; Those that can be returned shall be returned in time.

Article 54 When performing the duties of supervision and inspection, the health administrative department of the people's government at or above the county level has the right to enter the inspected unit and the site where the epidemic situation of infectious diseases occurs to investigate and collect evidence, consult or copy relevant materials and collect samples. The inspected entity shall cooperate with it and shall not refuse or obstruct it.

Article 48 When an epidemic situation of infectious diseases occurs, the disease prevention and control institutions designated by the health administrative department of the people's government at or above the provincial level and other professional and technical institutions related to infectious diseases may enter the epidemic spot and epidemic area for investigation, sample collection, technical analysis and inspection.

Article 56 When performing their duties according to law, the staff of the administrative department of health shall have at least two people, show their law enforcement certificates and fill in health law enforcement documents.

After verification, the health law enforcement documents shall be signed by the health law enforcement personnel and the parties concerned. If the parties refuse to sign, the health law enforcement personnel shall indicate the situation.

Fifty-eighth health administrative departments and their staff should consciously accept the supervision of society and citizens when performing their duties. Units and individuals have the right to report violations of this law to the people's governments at higher levels and their health administrative departments. The relevant people's government or its health administrative department that receives the report shall promptly investigate and deal with it.

Article 65 Where local people's governments at various levels fail to perform their reporting duties in accordance with the provisions of this Law, or conceal, falsely report or delay reporting the epidemic situation of infectious diseases, or fail to organize timely treatment and take control measures when infectious diseases break out and spread, the people's governments at higher levels shall order them to make corrections, informed criticism; Causing the spread, epidemic or other serious consequences of infectious diseases, the responsible person in charge shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 66 If the administrative department of health of the people's government at or above the county level violates the provisions of this Law and has any of the following circumstances, the administrative department of health of the people's government at the same level or the people's government at a higher level shall order it to make corrections, informed criticism; Causing the spread, epidemic or other serious consequences of infectious diseases, the responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to perform the obligation of reporting, reporting and publishing the epidemic situation of infectious diseases according to law, or concealing, making false reports or delaying reporting the epidemic situation of infectious diseases;

(2) Failing to take preventive and control measures in time when the spread of infectious diseases occurs or may occur;

(three) failing to perform the duties of supervision and inspection according to law, or failing to investigate and deal with illegal acts in time;

(four) failing to investigate and deal with the reports of units and individuals who fail to perform the duties of prevention and control of infectious diseases by the health administrative departments at lower levels;

(5) Other dereliction of duty or dereliction of duty in violation of this Law.

Article 67 If the relevant departments of the people's governments at or above the county level fail to perform their duties of prevention and control of infectious diseases in accordance with the provisions of this Law, the relevant departments of the people's governments at the same level or at a higher level shall order them to make corrections, informed criticism; Causing the spread, epidemic or other serious consequences of infectious diseases, the responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 68 If a disease prevention and control institution violates the provisions of this Law and has any of the following circumstances, the health administrative department of the people's government at or above the county level shall order it to make corrections within a time limit, and informed criticism shall give it a warning; The responsible person in charge and other directly responsible personnel shall be given demotion, dismissal and dismissal according to law, and the practice certificate of the relevant responsible personnel may be revoked according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) failing to perform the duties of monitoring infectious diseases according to law;

(2) Failing to perform the duties of reporting and informing the epidemic situation of infectious diseases according to law, or concealing, falsely reporting or delaying reporting the epidemic situation of infectious diseases;

(3) Failing to actively collect epidemic information of infectious diseases, or failing to timely analyze, investigate, verify and report epidemic information of infectious diseases;

(4) Failing to take the measures prescribed in this Law in time in accordance with their duties when discovering the epidemic situation of infectious diseases;

(5) Deliberately disclosing personal privacy-related information and materials of patients with infectious diseases, pathogen carriers, suspected patients with infectious diseases and their close contacts.

Article 69 If a medical institution violates the provisions of this Law and is under any of the following circumstances, the administrative department of health of the people's government at or above the county level shall order it to make corrections, and informed criticism shall give it a warning; Causing the spread and epidemic of infectious diseases or other serious consequences, the responsible person in charge and other directly responsible personnel shall be given demotion, dismissal and dismissal according to law, and the practice certificate of the relevant responsible personnel may be revoked according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to undertake the tasks of prevention and control of infectious diseases, hospital infection and prevention of infectious diseases in the responsible area in accordance with regulations;

(two) failing to report the epidemic situation of infectious diseases in accordance with the provisions, or concealing, making false reports or delaying the reporting of the epidemic situation of infectious diseases;

(3) Failing to provide medical aid, on-site rescue, consultation and referral to patients with infectious diseases or suspected infectious diseases, or refusing to accept the referral when the epidemic situation of infectious diseases is discovered;

(four) failing to disinfect or dispose of the places, articles and medical wastes contaminated by infectious disease pathogens in this unit in accordance with the regulations;

& amp (= National Bureau of Standards) National Bureau of Standards