新冠肺炎疫情防控中住宅小区封闭管理的法律问题

Legal Issues of Residential Closed Management in Covid-19 Prevention and Control

住宅小区的管理作为疫情防控末梢更为琐碎、难度更大,相关法律规定依然不够完善更是让一定范围内的基层防控处于灰色地带。部分地区住宅小区封闭管理措施的制定主体和实施主体都与法律的规定背道而驰,相应管制措施既不满足"形式合法"也不满足"实质合法",没有达到比例原则的要求,忽视了公民的相关权益。住宅小区的封闭管理涉及公民的人身自由、平等权等被宪法保障的基本权利,有必要对相应管制措施的制定和实施进行更为细致的规定,从而让基层防控工作更加明晰和规范化。

The outbreak of the Covid-19 has exposed loopholes and shortcomings in the rule of law in China,and epidemic prevention and control work has been carried out in a controversial manner.The management of residential communities is more trivial and more difficult in epidemic prevention and control,and the relevant laws and regulations are still not perfect,so that grassroots prevention and control within a certain range is in a gray area.The enactment and implementation subjects of closed district management measures in some areas are contrary to the provisions of the law,and the corresponding control measures neither satisfy"formal legality"nor"substantial legality",and fail to meet the requirements of the principle of proportionality,neglecting the relevant rights and interests of residents.The closed management of residential communities involves citizens'personal freedom,equal rights and other basic rights guaranteed by the Constitution.It is necessary to formulate and implement the corresponding control measures in a more detailed way,so as to make the prevention and control work at the grass-roots level more clear and standardized.