Zheng Ning, director of the law department of the Cultural Industry Management School of the Communication University of China, believes that those unreasonable prevention and control measures reflect that local governments lack the overall pattern of "national chess game" under the fierce epidemic situation,

blindly pursuing epidemic prevention achievements or not being held accountable, and simply and violently pushing epidemic prevention measures across the board, without respecting and protecting basic human rights. In violation of the current laws and regulations, the means and ends are disproportionate, and it is easy to bring more negative effects.

In Zheng Ning's view, unreasonable prevention and control measures may be suspected of violating discipline and regulations. Violations of Party discipline by Party members and cadres in epidemic prevention and control work are usually violations of work discipline,

but may also involve violations of political discipline, organizational discipline, and mass discipline. Some leading cadres work in a mere formality, style is not solid, poor performance, resulting in excessive control results.

Specific provisions in the "Regulations on Disciplinary Measures of the Communist Party of China" (hereinafter referred to as the "Regulations") Article 121 of the dereliction of duty, Article 122 of the formalism, bureaucratic behavior, as a backstop article 133.

Zheng Ning believes that at the same time, the central government has issued clear regulations requiring prevention and control in accordance with the law, and local authorities still have improper and excessive prevention and control behaviors,

which may be suspected of violating the provisions of Article 72 of the Regulations for not performing their duties correctly. If Party members and cadres refuse to obey organizational arrangements in epidemic prevention and control, they may violate organizational discipline and constitute this mistake.

Zheng Ning said that state organs with the responsibility of organizing, coordinating, directing, disaster investigation, control, medical treatment, information transmission, transportation,

material support and other duties, abuse of power, causing heavy losses to public property, the interests of the state and the people, should be convicted and punished in accordance with the provisions of Article 397 of the Criminal Law. Therefore, those who take excessive prevention and control measures in epidemic prevention may be suspected of abuse of power.

In addition, the Legislative Affairs Commission of the Standing Committee of the National People's Congress mentioned that "epidemic prevention and control measures must be appropriate and appropriate."

Zheng Ning analyzed that the so-called subject is appropriate, that is, these prevention and control measures can only be implemented by the government and its relevant departments in accordance with the law, and other units and individuals shall not take actions that infringe on the legitimate rights and interests of citizens by setting up cards to intercept,

cut roads, block roads, and block traffic without approval. By "appropriate measures," we mean that, in accordance with the law, the epidemic prevention and control measures taken by governments at all levels and their departments must be commensurate with the nature,

extent and scope of the possible social harm caused by the epidemic. Where there are multiple measures to choose from, the measures that are conducive to the greatest protection of the rights and interests of citizens, legal persons and other organizations shall be chosen.

"No matter in urban or rural areas, epidemic prevention work must still adhere to the criteria of the law. The closure of villages and the closure of roads will not only not help the prevention and control work of the whole city and even the whole country, but also seriously affect the normal life of the people, daily supplies and the transportation of key medical supplies." Zheng Ning said.

Therefore, Zheng Ning believes that in the protracted war against epidemic prevention, local governments should establish some basic concepts:

First, a holistic approach should be taken. Measures and means should be determined from the standpoint of national prevention and control, and then based on local actual conditions. Local protectionism should not be practiced.

Second, the concept of human rights protection, the epidemic requires local governments to take extraordinary prevention and control measures, but these prevention and control measures should not unduly infringe on citizens' rights to equality,

property rights, personal rights, freedom of speech, freedom of communication, secrecy, supervision, personal dignity, labor rights, material assistance and other basic rights.

The main body, authority, methods and procedures of prevention and control measures shall comply with the provisions of relevant laws and regulations, and shall not exceed the authority or violate the law of the upper level.

The principle of proportionality should meet three requirements, that is, appropriateness, the specific measures taken by the government must be able to achieve the corresponding purpose;

It is necessary that the government should adopt the least damaging method to the parties' rights and interests when it can adopt a variety of ways to achieve a certain administrative purpose. The benefits of government measures should outweigh the costs.

The management and control measures should fully respect science, respect and fully adopt the opinions of medical and health experts, and should not allow political judgment to override scientific judgment.