Legal principles for the treatment of emergencies in infectious diseases
01:38, February 19, 2020 Source: "China Social Sciences" February 19, 2020 Total 1868 Author: Meng Tao

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The recent outbreak of new crown pneumonia epidemic,great impact on the normal order of our country,It is also a big test for my country's governance system and governance capabilities。The rule of law is part of governance,Also facing severe tests。In history,Emergerent (Emergeency) has always been one of the biggest "enemies" in the rule of law。Establishment of the rule of law,It must be tamed with emergencies。The ancient motto of "Emergency Status",It is invalid in modern rule of law。Governance emergencies,First of all, understand the characteristics of emergencies,Then you can "take the right medicine",Regulate adjustment through legal methods。

There are many emergencies in human society,War、Internal Rotten、Natural disaster、Infectious disease、Economic crisis, etc. are typical performance。There are three origins of emergencies: human beings、Natural、Human Person+Nature。War、Internal Rotten、Terrorist attacks are Bet365 app download Artificial emergencies; earthquakes、Typhoon、floods, etc. are natural emergencies; mine difficulties、Infectious diseases often have the common factor of nature and artificially,For example, the initial host of the infectious disease may be animals,Then it was transmitted to someone,If the protection is not effective, it will be transmitted to more people。Artificial emergencies were the most important emergencies,It is also the center of gravity of very legal adjustment,American scholar Clinton Rossiter's classic masterpiece "Constitution Dictatorship: The Crisis Government in Modern Democratic Countries" discusses such incidents,Today, such emergencies have been generally tamed by law。For the latter two types of emergencies,Technology is an indispensable response method for humans,But,The use of technology should be adjusted by the law,How to give full play to the role of science and technology experts and science and technology,It is a necessary component of the very legal component of adjusting these two types of emergencies。All emergencies have two major characteristics: First, uncertainty,The second is harmful。Uncertainty,mainly refers to the "sudden" of the emergencies,It is impossible for people to predict or it is difficult to predict when this type of incident occurs,Some emergencies also have more uncertainty,For example, SARS virus and this new coronary virus。Harmful manifestations in such incidents can bring harm to individuals and society,For example, life is deprived,Lost property of property,, etc.。These two major features of emergencies,Just as the expected and right guarantee of the rule of law。

Uncertainty for emergencies,The rule of law requires to follow three main principles。First is the principle of efficiency: identify emergencies early、Quickly take response measures、End very state as soon as possible。Efficiency is "Running with Time"bet365 best casino games 、Running with uncertainty,Control uncertainty as much as possible。To achieve efficient governance,The rule of law will follow the other two principles: the principle of information unblocked and the principle of emergency authorization。Information is very important in the treatment of emergencies,The more information people master,The more you know about emergencies,The greater the grasp of the governance of emergencies。Principles of Emergency Authorization,The urgent right of sufficient urgency required to give the front line,Direct responsibilities to undertake or eliminate emergencies,Second -line and third -line personnel mainly undertake protection and coordination; conventional sectarian organizational forms should also be adjusted,To adapt to the emergencies that are changing and changing。The governor of the front line specifically includes which institutions and individuals,The special situation of dependence on emergencies,Generally speaking,Administrative agencies and military institutions are often the main first -line governors; in the emergencies of infectious diseases,Medical institutions and disease prevention and control institutions become first -line governance subjects。The reason why this division of labor is like this,The earliest information controlled by the first -line institutions and staff、Most,You need to respect their judgment and selection。

Harmability for emergencies,The principle of rule of law mainly includes the principle of prevention、Necessary principles (Bet365 app download not the necessary principles in normal laws) and proportion principles。Prevention principles require various valid measures,Prevent the incidence of harm and expand,"Prevention of Prevention" is the highest state of very legal。Necessity principles appeared as early as the Middle Ages,Proposal to allow power to act in a very period,Requires various necessary ways to reduce or eliminate the harm,Forces such as isolation。The emergency is harmful to human life and social order,These are the basic carriers of human society。In a very period,The central work of the government and society is to deal with emergencies,Due to the emergency "move the whole body"。The colorful human behavior under normal state becomes monotonous,Actions that are beneficial to emergencies will be allowed,"Special Affairs Special Office",For example, various "emergency green channels"; behavior that is not conducive to emergencies will be limited、Forbidden or punishment,For example, no multi -person gatherings are not allowed in various places、Wear a mask for public transport。The necessary measures are not equal to completely exemption,It should meet the principle of proportion (the principle of proportion in the narrow sense),That is, the necessary measures taken by emergency power must be commensurate with its purpose、Not overly。This requires urgent power to be supervised,The accountability is accountable。,Urcense will still be in the economy、Social and other fields cause harm,For example, the contract signed under bet365 best casino games normal state cannot be fulfilled,This is necessary to apply legal principles such as force majeure。

The above -mentioned legal principles are based on the experience and lessons of human long -term resistance to various types of emergencies,It is also applicable to emergencies in infectious diseases。The development of emergencies in infectious diseases can be divided into three stages: prevention、Disposal and aftermath。For this new crown pneumonia epidemic,The lesson given to us is,We must pay attention to the principle of prevention,Pay attention to the smoothness and disclosure of information,Take efficient measures。For emergencies in infectious diseases,More measures required to take prevention principles,For example, animal epidemic prevention、Public health facilities、Prevention、Material Reserve、Monitoring and early warning,, etc.。After the outbreak of the new crown pneumonia,The shortcomings of the prevention of emergencies in infectious diseases in my country are exposed at once: serious insufficient materials for preventing and treating infectious diseases,Many hospitals in Hubei and other places have publicly issued help announcements to the society,The shortage of medical protection supplies has become the focus of epidemic prevention、Difficult point、Pain points; the weakness of small and medium cities and the vast number of rural public facilities also appear to varying degrees。

my country is now in the second stage of prevention,It is also the most important point in the prevention bet365 best casino games and control of the epidemic。General Secretary Xi Jinping pointed out,"The prevention and control of the epidemic is in the critical period,It is important to prevent control and control in order in accordance with the law。The more vigorous the epidemic prevention and control, the more vigorous,The more we must persist in preventing and controlling and controlling,Promote various prevention and control work on the track of the rule of law "。Principles of Efficiency、The principle of unblocked information、Principles of Emergency Authorization、Prevention principles、The principles and proportion principles,At present, we should pay the same attention,Legislation、Law Enforcement、Justice、Each link must be forced。From the current situation,We must not only learn the lessons of the previous stage,Strictly follow the principles of prevention、Principles and Principles of Information Freshness,Also to coordinate the relationship between other principles。Current,Emergency authorization and various emergency measures are the most valued,Various blockade measures are endless,At this time, we must especially adhere to the necessary principles and proportion principles,Evaluate various emergency measures,Unnecessary excessive measures should be canceled in time。Where the epidemic is not serious,The level of emergency response should be adjusted in time。Monitoring、Isolation、Treatment,is the key to the current government's treatment of epidemic work。Grasp this key link,Bet365 app download Similarly and open society and market at the same time,is the basic task of the current stage。

(Author is an associate professor at the School of Law of Renmin University of China、Researcher of the National Institute of Development and Strategy)

Editor in charge: Zhang Jing
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