Recently, the expropriation of 9 masks sent from Ruili City to Chongqing by Dali Health Bureau has aroused widespread controversy. It is understood that these materials are emergency materials purchased by enterprises designated by Chongqing municipal government for epidemic prevention and control in Chongqing. Chongqing sent a letter to Dali Health Bureau for help, but Dali said masks had been distributed. In the afternoon of February 6, Yunnan criticized Dali municipal government and Dali Municipal Health Bureau, and ordered them to return the requisitioned materials immediately.
Yunnan Provinces criticism of Dali health departments circular came at a very opportune time, and also reiterated some great righteousness: at present, we should not only take care of ourselves or ignore the principle of the rule of law, but also take care of the overall situation of Dali.
In the critical period of anti epidemic, the shortage of masks, protective clothing and other materials is the reality of many areas. In this case, all regions naturally try to allocate and purchase relevant materials to ensure the supply of the front line of anti epidemic. However, in case of material shortage, it is necessary to raise and obtain materials in a reasonable way. Yunnan criticized Dali and ordered the return of materials, which was obviously the correction of its improper material interception.
According to public reports, as of 24:00 on February 5, a total of 389 cases were reported in Chongqing, and 13 new cases were reported on February 5. At the same time, 8 cases were reported in Dali. In contrast, the epidemic prevention and control pressure in Dali should be much less than that in Chongqing. No matter from the point of view of reason or from the point of view of morality, it is difficult for Dali to properly expropriate the emergency materials sent to Chongqing.
This is not to say that in the case of material shortage, we cant take the step of expropriation, but that we must do it according to law.
According to the provisions of Article 45 of the law on the prevention and control of infectious diseases, in order to prevent and control the epidemic situation, the State Council has the right to mobilize personnel or transfer reserve materials, temporarily use houses, vehicles and related facilities and equipment in an urgent manner in the whole country or across provinces, autonomous regions and municipalities directly under the central government, and local governments at or above the county level within their own administrative areas. Where houses, vehicles, relevant facilities and equipment are temporarily requisitioned, compensation shall be given according to law; if they can be returned, they shall be returned in a timely manner. According to the emergency response law, the relevant peoples governments and their departments may expropriate the property of units and individuals in response to emergencies.
Therefore, the local government or its functional departments can only enjoy the power of expropriation in their own administrative areas. This is also to avoid the abuse of power, leading to a chaotic situation of fighting independently and intercepting materials at will.
For the local government, in the face of the epidemic situation, we should also take the overall situation into consideration, frame the epidemic prevention and anti epidemic behavior within the framework of the rule of law, and abandon the practice of focusing on ourselves and beggar my neighbor. Yunnan side timely criticized Dalis behavior, reiterated the expropriation border, and also raised a wake-up call for some places that may be ready to move: no matter how heavy the task of prevention and control is, it cant violate laws and regulations, break the authority border and expropriate materials from other areas, which destroys the basis of a game of chess in the whole country.
In fact, the general office of the State Council issued an emergency notice as early as January 29, emphasizing that the key medical emergency prevention and control materials such as medical protective clothing, N95 masks, medical goggles, etc. shall be managed and allocated by the relevant departments of the State Council in a unified way, and the local governments at all levels shall not intercept or allocate them in any name. The practices of relevant departments in Dali are against the wind and should be corrected in time. However, Dalis attitude has also changed since it first said that masks have been expropriated in an emergency and later agreed to return masks, which is also a self calibration after the requirement of the rule of law.
Epidemic prevention and control must focus on the overall situation, and form a joint force rather than breaking down the platform and digging the wall, or even stabbing the back. Yunnans announcement of Dali intercepting Chongqing mask is in essence also a declaration of Dali. This Dali is also worth listening to.
On the afternoon of February 6, the Information Office of Dali Municipal Peoples government held a press conference. At the press conference, Du shudare, mayor of Dali Municipal Peoples government, publicly apologized for the cutting Hu mask. Du Shugan said that we sincerely apologize to all parties of the society for the temporary closure of masks in the early stage, deeply reflect on and review the impact caused, and seriously deal with the relevant personnel, asking all parties for understanding.