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[目的]明确出入境人员如实健康申报的法律义务,以及违反有关法律规定应当承担的法律责任。[方法]从健康申明卡申报的法律性质、违法行为的法律适用、虚假申报逃避检疫措施的行政责任、造成甲型H1N1流感传播危险的刑事责任以及给相关人员造成损失的应当承担的民事赔偿责任探讨违反健康申报义务应当承担何种法律责任。[处理]检验检疫部门与违法行为人之间行政法律关系明确,行为人违法证据确凿,处罚的法律依据充分,有关部门应当相互配合,密切协作,依法查处违法行为。[结论]检验检疫部门与各级地方卫生、公安部门应当密切协作,严格执法,为甲型H1N1流感防控工作营造良好的执法环境。
[Purpose] To clarify the legal obligations of entry and exit personnel for truthful declaration of health and the legal responsibilities that they should bear in violation of relevant laws and regulations. [Methods] From the legal nature of the declaration of health declaration, the legal application of the illegal act, the administrative responsibility of false declaration of evasion of quarantine measures, the criminal responsibility of causing the spread of influenza A (H1N1) and the civil liability for compensation To investigate what kind of legal liability should be borne in violation of the health declaration obligation. [Treatment] The administrative and legal relations between the inspection and quarantine department and the perpetrator are clear, the evidence of the illegal acts of the perpetrator is true and the legal basis of the punishment is sufficient. Relevant departments should cooperate with each other and cooperate closely to investigate and deal with the illegal acts in accordance with the law. [Conclusion] The inspection and quarantine departments and local health and public security departments at all levels should cooperate closely and strictly enforce the law to create a good law enforcement environment for the prevention and control of influenza A (H1N1).