A netizen posted a notice issued by a neighborhood committee in Nanning City, which stated: "Due to the needs of epidemic prevention and control, it has been decided to implement closed management of Alley 1 of ×× Road, South Alley 1 of ×× Road, and Alley 1 of ×× Road. The closure will begin at 8:30 AM on February ×, 2020. Please inform each other." The notice was stamped with the seal of the neighborhood committee. The netizen then questioned whether the neighborhood committee has the right to decide to implement closed management of community roads.

In such a severe period of epidemic, taking corresponding isolation and closed management measures is undoubtedly effective and reasonable for preventing the spread of the epidemic, but the legality needs further analysis.

First, identify the nature of the neighborhood committee. Article 2 of the "Organic Law of the Urban Neighborhood Committees" stipulates: "The neighborhood committee is a grassroots mass autonomous organization of residents for self-management, self-education, and self-service.

The people's government of a city without districts or a district under the jurisdiction of a city, or its subordinate organs, shall provide guidance, support, and assistance to the work of the neighborhood committee. The neighborhood committee shall assist the people's government of a city without districts or a district under the jurisdiction of a city, or its subordinate organs, in carrying out its work."

The tasks of the neighborhood committee are stipulated in Article 3, Item 5 of the "Organic Law of the Urban Neighborhood Committees": "Assist the people's government or its subordinate organs in doing a good job in public health, family planning, preferential treatment and relief, and youth education that are related to the interests of residents." From the perspective of legal provisions, the neighborhood committee, although a grassroots mass autonomous organization, undertakes both the self-governance of its own organization and the function of assisting the government in carrying out its work.

Secondly, in fact, on February 5, the Headquarters of the Leading Group for the Prevention and Control of Novel Coronavirus Infection Pneumonia Epidemic in Nanning City (hereinafter referred to as the Headquarters) issued Order No. 2, which clarified that all units and residential areas in the city should implement closed management, and personnel entering and leaving must have their body temperature measured. Strict control of external personnel and vehicles, special circumstances should be registered by management personnel. Community and residential area are certainly not the same concept. A community may contain several independent residential areas, and the community can also be seen as a larger combination of residential areas. If a considerable part of the residents in the community live in residential buildings on both sides of the streets and alleys without independent closed residential areas, in order to carry out closed management according to the instructions of the Headquarters, it is necessary to close the entrances and exits leading to these streets and alleys.

Therefore, the closed management implemented by the community neighborhood committee on these streets and alleys is not directly made by the community neighborhood committee based on its own powers, but to implement the instructions of the Headquarters.

Thirdly, according to Article 42 of the "Law on the Prevention and Control of Infectious Diseases", when an infectious disease breaks out or is prevalent, the local people's government at or above the county level shall immediately organize forces to carry out prevention and control in accordance with the prevention and control plan, cut off the transmission routes of the infectious disease, and when necessary, report to the people's government at the next higher level for decision, and may take emergency measures including closing places that may cause the spread of infectious diseases and announce them. The places mentioned here may also include roads or small streets and alleys.

In addition, according to Article 49 of the "Emergency Response Law", after the occurrence of natural disasters, accident disasters, or public health events, the people's government performing the unified leadership responsibilities may take measures to quickly control the source of danger, mark dangerous areas, seal off dangerous places, delineate cordon areas, implement traffic control, and prohibit or restrict the use of relevant equipment and facilities, close or restrict the use of relevant places, suspend personnel-intensive activities or production and business activities that may lead to the expansion of hazards, and take other protective measures. Article 55 of the law stipulates that the neighborhood committees, villagers committees, and other organizations in the place where the emergency occurred shall, in accordance with the decisions and orders of the local people's government, carry out publicity and mobilization, organize the masses to carry out self-rescue and mutual rescue, and assist in maintaining social order.

The Headquarters is a temporary agency established by the Nanning Municipal People's Government to combat the epidemic and better respond to the pneumonia epidemic caused by the sudden coronavirus, which is a public health event, to exercise command and coordination rights. The community neighborhood committee needs to abide by, support, and cooperate with the instructions issued by the Headquarters.

Article 40 of the "Regulations on Emergency Responses to Public Health Emergencies" also stipulates that when an infectious disease breaks out or is prevalent, sub-districts, towns, neighborhood committees, and village committees shall organize resources, unite and cooperate, implement joint prevention and control measures, assist health administrative departments and other relevant departments, and medical and health institutions in collecting and reporting epidemic information, dispersing and isolating personnel, implementing public health measures, and publicizing relevant knowledge on the prevention and control of infectious diseases to residents and villagers.

From the above laws and regulations, it can be seen that the road closure management measures for small streets and alleys issued by the community neighborhood committee are not made based on its own power, but are measures taken according to the orders of the municipal government, so there is no problem in terms of authority. Residents living in the community should support and cooperate with the epidemic prevention and control work of the community neighborhood committee staff.

However, there are still areas for improvement in the content of the announcement: First, it should be stated that the measure is taken based on the instructions of the government and the need to implement relevant laws and regulations. It is best to clarify the name of the direct basis for taking action to avoid unnecessary doubts among residents, and it will also help our grassroots autonomous organizations to form a legal thinking and legal approach in their usual management and services; Second, when encountering public questioning, the staff should patiently explain the significance and role of taking closed management to obtain public understanding and support.