According to the notice numbered dashiwzheng  No. 1-61, due to the severe situation of prevention and control of new crown pneumonia, our city has been in a state of first-class response to major public health emergencies, and the city is extremely short of epidemic prevention and control materials. According to the emergency response law, the law on prevention and control of infectious diseases and the measures for emergency requisition and compensation of Yunnan Province (hereinafter referred to as the measures for emergency requisition of Yunnan Province), after the study of Dali Municipal Peoples government, it is decided to take emergency requisition according to law for 9 masks sent by Shunfeng logistics from Ruili City, Yunnan Province to Chongqing city.
The notice also states that according to the measures of Yunnan Province for emergency expropriation, the requisitioned person shall, within one year from the date of receiving the notice, submit a written application for emergency compensation to Dali Health Bureau; if he fails to apply within the time limit and has no justifiable reason, he shall be deemed to have waived his right to compensation.
Notice of emergency disposal and requisition with the official seal of Dali Health Bureau. Network screenshots
On the afternoon of February 4, the above-mentioned staff of Dali Health Bureau said that the notice was issued by Dali Health Bureau, but this is the decision of the government, not one of our departments. As for the reason why the official seal of Dali health bureau is used in the notice, the staff explained that the epidemic prevention and control headquarters are responsible for the work related to the epidemic prevention and control at present, but when the notice was issued (the official seal of the epidemic prevention and control headquarters) had not come out yet.
The staff member also said that the masks have been sent to the front line, but it is not clear which units are included in the front line. Now the government has been actively contacting the seller and the buyer, and is in the process of communicating the follow-up compensation issues.
In order to verify the relevant information, on the morning of February 5, the reporter of Beijing News called the new crown pneumonia epidemic headquarters of Dali City (hereinafter referred to as the headquarters), and the staff answered the phone to reply after verifying the relevant information.
On the afternoon of May 5, the reporter called the headquarters again, and the staff said that they needed to contact the Propaganda Department of Dali Municipal Committee. The reporter then called the Propaganda Department of Dali municipal Party committee, and according to the requirements of the staff, he called the director of Foreign Publicity Office. As of the publication, no one answered the phone.
On the afternoon of February 4, a reporter from Beijing News called the Dali branch of Shunfeng logistics, and the staff said they would not respond to the incident.
Legal expert: the right of expropriation belongs to the State Council
In response, Zhao Peng, vice president of the Research Institute of rule of law government of China University of political science and law, said that according to the emergency response law and the law on the prevention and control of infectious diseases, the government has the right to requisition materials for the purpose of controlling the epidemic situation. However, the law on the prevention and control of infectious diseases stipulates that local governments at or above the county level can only expropriate materials within their own administrative areas. If the requisition involves nationwide or cross provinces, autonomous regions or municipalities directly under the central government, it shall be conducted by the State Council.
Zhao Peng said that the express delivery in the process of transportation should belong to cross administrative areas, so the right of expropriation belongs to the State Council.
Around the masks urgently needed in the fight against the epidemic, the incident that Wuhan government bus went to the Red Cross to get the masks caused a huge stir, and then a netizen in Jieyang City, Guangdong Province claimed to get the masks from his uncles government unit, which caused widespread public concern.