Home Ā» Shanghai Constitutional Law Professor: The authorities’ two measures to prevent the epidemic are unconstitutional | East China University of Political Science and Law | Tong Zhiwei | Fudan University

Shanghai Constitutional Law Professor: The authorities’ two measures to prevent the epidemic are unconstitutional | East China University of Political Science and Law | Tong Zhiwei | Fudan University

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Shanghai Constitutional Law Professor: The authorities’ two measures to prevent the epidemic are unconstitutional | East China University of Political Science and Law | Tong Zhiwei | Fudan University

[Epoch Times, May 9, 2022](Comprehensive report by Epoch Times reporter Li Jing) Tong Zhiwei, a professor of constitutional law at East China University of Political Science and Law in Shanghai, recently made public comments on the authorities’ extreme epidemic prevention policies on social platforms. He said that according to the disclosed video and audio of the conversation between Shanghai officials and relevant residents, the situation caused by the two epidemic prevention measures taken in Shanghai is very serious, and the reaction among the citizens is also very strong, which is likely to cause some kind of legal disaster.

In this article titled “Legal Opinions on Two Measures for Shanghai’s New Crown Epidemic Prevention”, Professor Tong Zhiwei mentioned that in the process of forming this article, East China University of Political Science and Law, Fudan University, Shanghai Jiaotong University, Shanghai Academy of Social Sciences, South China University of Technology A total of more than 20 professors from educational and academic institutions such as Wuhan University, Hubei University, and Peking University expressed their opinions, and Professor Sang Yucheng of Fudan University put forward important revision opinions.

Legal professor says authorities’ extreme epidemic prevention is unconstitutional

Professor Tong Zhiwei first pointed out that any practice by the authorities to use coercive means against residents to be sent to the shelter for quarantine is illegal and should be stopped immediately.

He said that according to the video of the dialogue between the personnel of a sub-district office and police station in a certain district of Shanghai and the residents, the relevant officials insisted that all the people in close contact on the same floor would be sent to the cabin for isolation, and if they did not obey, they would use coercive means to enforce it. Relevant officials claimed that this was a unified deployment of the city, and the enforcement was based on the provisions of Article 50, item 1 of the Public Security Administration Punishment Law.

Professor Tong Zhiwei said that why the above regulations could not be the legal basis to support the coercive behavior of the sub-district office and police station personnel? For those with a little legal awareness, this reason is actually very simple. He makes the following legal grounds:

1. According to the “Constitution”, at present, any organization or official in Shanghai decides and declares that Shanghai or a certain place in Shanghai is in a state of emergency, which must be unfounded and false. The illegality of the state statement should be exposed and resisted;

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2. The statement or practice of any organization or official in Shanghai claiming that according to the decision and order issued by the government can only be issued in an emergency, it has the right to use coercive means to force citizens to be quarantined in the shelter, which is illegal and invalid;

3. Any organization or official in Shanghai that uses coercive means to forcibly send any residents other than patients, pathogen carriers, and suspected patients to the shelter for isolation constitutes an illegal violation of the personal rights of relevant citizens, and should bear corresponding legal responsibilities;

4. All public authorities at all levels in Shanghai have the responsibility and obligation to immediately stop the use of coercive means to forcibly send any residents other than patients, pathogen carriers, and suspected patients to the shelter for isolation within the scope of their own authority, so as to protect citizens. legal personal rights and freedoms;

5. Any citizen whose personal rights and freedoms are threatened shall have the right to ask the staff who execute the compulsory order to produce the decision issued with the government seal, the paper copy of the order or the text of the state agency website;

6. Any citizen whose personal rights have been violated has the right to file a lawsuit with the court in order to obtain legal protection and remedies.

The second legal opinion mentioned by Prof. Tong Zhiwei is that no institution in Shanghai has the right to force citizens to hand over their house keys and enter their houses for “disinfecting”.

He said that according to the audio recordings, officials in Hongkou District of Shanghai forced the residents of Feihong Road to hand over their house keys, leave their homes, and claimed that they wanted to enter their homes to disinfect the virus, which was a very tough attitude. This practice is probably not an isolated case in Shanghai.

Relevant legal provisions: Citizens’ homes are inviolable. Unlawful searches or trespassing of citizens’ homes are prohibited. There is no law in China that authorizes any institution or individual to allow residents to hand over their residential keys to public officials and then leave their homes for the latter to enter residential houses for virus disinfection. Professor Tong Zhiwei proposed the following legal basis:
1. Relevant officials in Shanghai force residents to hand over their house keys, and they send people into their homes to “disinfect” (this practice has already been implemented in some areas), which is an act of illegally trespassing on citizens’ houses;

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2. Various public agencies at all levels in Shanghai have the responsibility and obligation to immediately stop the practice of forcing residents to hand over their house keys and sending personnel from public agencies to disinfect them in their homes within the scope of their own authority;

3. The provisions on “disinfection” in the Law on the Prevention and Control of Infectious Diseases do not, and indeed do not, authorize any organization or individual to forcibly obtain the keys of residents’ houses and enter their homes for “disinfection”.

Professor Tong Zhiwei believes that epidemic prevention and protection of citizens’ rights and freedoms must be taken into account. State organs and officials at all levels should strictly abide by the laws of the Constitution, and must not violate the principle of the rule of law or undermine the legal system for convenience.

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After Professor Tong Zhiwei publicly published the above article on social platforms, the authorities blocked the entire network. The Epoch Times reporter noticed that Professor Tong Zhiwei’s Weibo showed: “Because of the violation of the community convention, the user is temporarily banned.”

Some netizens said: “I sincerely thank the scholars for speaking up for the citizens of Shanghai! Many celebrities have lost their voices, which is where their conscience lies!” “Professor Tong Zhiwei’s suggestion should also be blocked and deleted, does it mean that the law has been perverted? There is no help!” “The circle of friends commented on Professor Tong Zhiwei’s article questioning Shanghai’s epidemic prevention: It also takes courage to play the piano to cattle.”

Professor Fudan: Why does the brain design so many infinite loops

Just two weeks ago, Zhao Lixing, a professor at the Law School of Fudan University in Shanghai, posted an article on a social platform. The article exposed the chaos in the authorities’ epidemic prevention. He asked what kind of brain can design so many “dead loops”.

The following is the content of the short article published by Professor Zhao Lixing:

Block the market circulation tightly, and then try your best to get through the blocking points;

All citizens are required to stay at home, but find ways to eat by themselves;

I sent a lot of Lianhua Qingwen to good people, and told you that good people can’t take this medicine;

If you are positive, you will not be able to transfer the red code at home. If you turn negative, you will need to transfer to be given a green code.

Nucleic acid must be tested before seeking medical treatment, but a nucleic acid certificate must be required for nucleic acid testing in the hospital;

Healthy people test nucleic acid over and over again, but tell you that nucleic acid testing is at risk of infection;

After testing the nucleic acid health cloud, you can check the results, but the CDC said that it has the final say on the results;

Antigen reagents sent a bunch of daily tests, but told you that this is not allowed.

Many problems arise because of these endless loops, but all departments are responsible for keeping this endless loop alive.

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In addition, Yu Jianrong, a professor at the Chinese Academy of Social Sciences, recently posted on WeChat Moments that a joke he told his friends in Shanghai: “sell the bracken he picked to Shanghai”, but it attracted a phone warning from the relevant departments. It is forbidden for him to “arbitrarily discuss” the authorities’ anti-epidemic policies.

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The CCP turned the zero-epidemic prevention into a political movement. The Standing Committee of the Political Bureau of the Communist Party of China held a meeting on May 5. The meeting stated that the authorities’ “prevention and control policy is determined by the nature and purpose of the party.”

On May 6, the Shanghai authorities held the “Resolutely Win the Great Shanghai Defense War Mobilization Conference”. Li Qiang, Secretary of the Municipal Party Committee, asked officials at all levels to “issue military orders at every level” and to be held accountable for dereliction of duty. Mentioned to “fight the people’s war well”. On the evening of the 7th, fierce clashes between the police and the people occurred in Jinsheng Community, Zhuanqiao Town, Minhang District, Shanghai.

Lan Shu, a commentator on current affairs in the United States, told The Epoch Times, “The CCP’s clearing has become a political movement, with a series of specific measures such as nucleic acid testing, city closures, and district closures, and ultimately achieve the political task of clearing the country. The CCP uses dynamic The clearing results prove that the CCP’s socialist system is superior to the Western democratic system.”

He said that when the zero-clearing policy becomes a political task, officials at all levels of the CCP will do whatever it takes to keep their positions.

Responsible editor: Hu Yulong#

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