对疫情防控形势下限期出境、遣送出境等处罚措施的释义及适用思考

On the Interpretation and Application of the Punitive Measures such as Time Limit for Exit and Repatriation under the Situation of Epidemic Prevention and Control

依法对疫情防控期间违反国家法律法规、疫情防控政策的外国人作出限期出境、不予入境等处理,既有力维护了国家的主权,也充分体现了国家维护公共安全利益和公民安全健康的职责。厘清驱逐出境、限期出境和遣送出境等概念的法律含义,有助于在涉外执法工作实践中准确适用,既体现法律法规的尊严和执法力度,又过罚相当,实现法律效果和社会效果的统一。对于违反国家疫情防控规定措施的外国人要依法予以处罚,以维护国家主权、安全和国内防控工作来之不易的向好态势和阶段成效。

During the epidemic prevention and control period,foreign nationals who violate the prevention and control policies should be ordered to leave the country and not allowed to enter the country,which not only safeguards the sovereignty of the country,but also fully embodies the responsibility of the country to safeguard the interests of public security and the safety and health of citizens.Clarifying the legal meanings of the three concepts of deportation,deadline and deportation is conducive to the accurate application in the practice of foreign-related law enforcement,which not only embodies the dignity of laws and regulations,but also equals excessive punishment,so as to realize the unification of legal effect and social effect.Foreigners who violate China's epidemic prevention and control measures should be punished in accordance with the law,so as to safeguard China's sovereignty,security and the hard-won trend of domestic prevention and control.