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Notice by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security of the Opinions on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine Regulation [Effective]
最高人民法院、最高人民检察院、公安部等印发《关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见》的通知 [现行有效]
【法宝引证码】

Notice by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the General Administration of Customs of the Opinions on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine Regulation 

最高人民法院、最高人民检察院、公安部、司法部、海关总署印发《关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见》的通知

(No. 50 [2020] of the General Administration of Customs) (署法发〔2020〕50号)

The higher people's courts, higher people's procuratorates, public security departments (bureaus), and judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court and Military Procuratorate of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, and the People's Procuratorate, the Public Security Bureau, and the Justice Bureau of Xinjiang Production and Construction Corps; the Guangdong Branch of the General Administration of Customs; Tianjin and Shanghai special commissioner's offices of the General Administration of Customs; and all customs offices directly under the General Administration of Customs: 各省、自治区、直辖市高级人民法院、人民检察院、公安厅(局)、司法厅(局),解放军军事法院、军事检察院,新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团人民检察院、公安局、司法局,海关总署广东分署,海关总署驻天津、上海特派办,各直属海关:
For the purposes of implementing the Opinions of the Central Comprehensive Law-based Governance Commission on Preventing and Controlling the Outbreak of COVID-19 and Maintaining the Life Safety and Physical Health of the General Public, ensuring the effective coordination between administrative enforcement and criminal justice involving frontier health and quarantine as well as accurate application of the relevant laws and regulations, and providing strong legal guarantee for preventing the epidemic from spreading across borders, maintaining public health and safety, and safeguarding social stability and order, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the General Administration of Customs have jointly developed the Opinions on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine Regulation, which are hereby issued for your earnest implementation according to actual conditions. Any circumstance or problem arising from the implementation process shall be reported to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the General Administration of Customs in a timely manner. 为贯彻落实《中央全面依法治国委员会关于依法防控新型冠状病毒感染肺炎疫情、切实保障人民群众生命健康安全的意见》,保证国境卫生检疫所涉行政执法和刑事司法的有效衔接、相关法律法规的准确适用,为防控疫病疫情跨境传播、维护公共卫生安全和社会安定有序提供有力的法治保障,最高人民法院、最高人民检察院、公安部、司法部、海关总署联合制定了《关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见》。现予以印发,请结合实际认真贯彻执行。在执行中遇到有关情况和问题,请分别及时报告最高人民法院、最高人民检察院、公安部、司法部、海关总署。
Supreme People's Court 最高人民法院
Supreme People's Procuratorate 最高人民检察院
Ministry of Public Security 公安部
Ministry of Justice 司法部
General Administration of Customs 海关总署
March 13, 2020 2020年3月13日
Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the General Administration of Customs on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine Regulation 最高人民法院、最高人民检察院、公安部、司法部、海关总署关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见
For the purposes of further strengthening frontier health and quarantine efforts and lawfully punish illegal and criminal activities that hinder frontier health and quarantine regulation, maintaining public health and safety, and ensuring the people's life safety and physical health, these Opinions have been developed in accordance with the provisions of the relevant laws and judicial interpretations. 为进一步加强国境卫生检疫工作,依法惩治妨害国境卫生检疫违法犯罪行为,维护公共卫生安全,保障人民群众生命安全和身体健康,根据有关法律、司法解释的规定,制定本意见。
I. Fully recognizing the importance of frontier health and quarantine in maintaining public health and safety   一、充分认识国境卫生检疫对于维护公共卫生安全的重要意义
Frontier health and quarantine plays a significant role in preventing infectious diseases from entering and leaving the country, ensuring the life safety and physical health of the general public, maintaining public health and safety, and safeguarding social stability and order. The CPC Central Committee and the State Council have attached great importance to the frontier health and quarantine work. Particularly, after the epidemic outbreak, General Secretary Xi Jinping has made a series of important instructions on strengthening legal guarantee for public health, reforming and improving the system of epidemic prevention and control, enhancing the mechanism of combining prevention with treatment, coordinating prevention and control, and mobilizing the public in epidemic prevention and treatment. The people's courts, the people's procuratorates, the public security organs, the administrative organs of justice, and the Customs at all levels shall effectively heighten their political stance, unify their mindset and actions with the spirit of important instructions made by General Secretary Xi Jinping, firmly fulfill the decisions and arrangements of the CPC Central Committee, strengthen the “awareness of maintaining political integrity, thinking in broad view, keeping the CPC as the core of leadership, and acting consistently with the policies of the CPC Central Committee”, have confidence in “our path, guiding theories, political system and culture”, resolutely “defend the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and defend the authority and leadership of the CPC Central Committee”. From the perspective of adopting a holistic approach to national security and promoting the building of a community with a shared future for mankind, they shall always put the people's life safety and physical health in the first place, and effectively improve administrative enforcement and case-handling capability in the frontier health and quarantine work. Considering that the serious situation that the novel coronavirus is spreading overseas and the risk of imported virus outbreak through ports is increasing, all types of illegal and criminal activities that impede frontier health and quarantine regulation shall be promptly and strictly punished according to law, the defense line of frontier health and quarantine shall be effectively intensified, the spreading and diffusion of the epidemic through ports shall be resolutely contained, and strong legal guarantee for maintaining the public health and safety shall be provided. 国境卫生检疫对防止传染病传入传出国境,保障人民群众生命安全和身体健康,维护公共卫生安全和社会安定有序发挥着重要作用。党中央、国务院高度重视国境卫生检疫工作,特别是新冠肺炎疫情发生以来,习近平总书记对强化公共卫生法治保障、改革完善疾病预防控制体系、健全防治结合、联防联控、群防群治工作机制作出一系列重要指示批示。各级人民法院、人民检察院、公安机关、司法行政机关、海关要切实提高政治站位,把思想和行动统一到习近平总书记重要指示批示精神上来,坚决贯彻落实党中央决策部署,增强“四个意识”、坚定“四个自信”、做到“两个维护”;从贯彻落实总体国家安全观、推动构建人类命运共同体的高度,始终将人民群众的生命安全和身体健康放在第一位,切实提升国境卫生检疫行政执法和司法办案水平。特别是面对当前新冠肺炎疫情在境外呈现扩散态势、通过口岸向境内蔓延扩散风险加剧的严峻形势,要依法及时、从严惩治妨害国境卫生检疫的各类违法犯罪行为,切实筑牢国境卫生检疫防线,坚决遏制疫情通过口岸传播扩散,为维护公共卫生安全提供有力的法治保障。
II. Lawfully punishing illegal and criminal activities that disturb frontier health and quarantine regulation   二、依法惩治妨害国境卫生检疫的违法犯罪行为
To strengthen the frontier health and quarantine work, prevent infectious diseases from spreading into or out of the country, and protect the health and safety of the general public, the Criminal Law and the Frontier Health and Quarantine Law have provided for the illegal and criminal activities that hinder frontier health and quarantine regulation as well as the punishment thereof. In handling cases of impairing frontier health and quarantine regulation, the people's courts, the people's procuratorates, the public security organs, and the Customs shall correctly understand and strictly apply the relevant provisions of the Criminal Law and the Frontier Health and Quarantine Law, and punish the relevant illegal and criminal activities according to law.
......
 为加强国境卫生检疫工作,防止传染病传入传出国境,保护人民群众健康安全,刑法国境卫生检疫法对妨害国境卫生检疫违法犯罪行为及其处罚作出规定。人民法院、人民检察院、公安机关、海关在办理妨害国境卫生检疫案件时,应当准确理解和严格适用刑法国境卫生检疫法等有关规定,依法惩治相关违法犯罪行为。
......

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