The improvement of the "epidemic" and my country's Public Health Law in accordance with the rule of law
February 19, 2020 01:40 Source: "China Social Sciences" February 19, 2020 Total No. 1868 Author: Liu Xuanlin

February 7, 2020,The National Health and Health Commission temporarily named "new coronary virus infection pneumonia" as "new coronary virus pneumonia",referred to as "Novel Coronavirus Pneumonia)。This is a sudden、New Crown pneumonia epidemic with severe situation is for the legal system for prevention and control of infectious diseases in my country,It is undoubtedly another "big test" after "SARS",A successful experience,It also presents some short boards or shortcomings,This will urge the modification and improvement of my country's public health law,To meet the needs of modernization of the national governance system and governance capabilities as soon as possible。

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The legal system of infectious disease prevention and control is an important content of my country's Public Health Law,my country has always attached great importance to legislation of infectious disease prevention and control,As early as the mid -1950s,The former Ministry of Health of my country has formulated the "Administrative Measures for Infectious Diseases"。to the 21st century,my country has initially formed the "Infectious Disease Prevention Law" as the core,"Regulations on Emergencies of Emergency", "Emergency Regulations on Public Health Incidents", "Regulations on School Health", "Report Management Measures for Monitoring Information Report of Urcense and Infectious Diseases", "National Health Quarantine Law", "Basically Medical and Health Promotion Laws "" National Urchual Public Emergency Plan "," National Urcented Public Health Emergency bet365 live casino games Plan "," National Urban Public Incident Medical Health Rescue Emergency Plan "and other supporting or connected legal specification systems。After many years of practical test,This legal prevention and control system is generally effective,It is also used,Prevention、Control and eliminate the occurrence of infectious diseases and popularity, and ensure human health、It has played a very important function to improve public health,Get a lot of results。

While affirming the achievements of my country's infectious disease prevention and control legislation,We should also see that there is still a need for improvement。But objectively and fairly speaking,Even without this new crown pneumonia epidemic,The legal system in the prevention and control of infectious diseases in my country has also reached the stage of revision and perfect,Otherwise, it will not be able to adapt to the development and spiritual concept of the times today,The lag of its own will also be further prominent。Specifically,There are mainly the following three reasons: First, my country has passed the "Basic Medical and Health Promotion Law" on December 28, 2019,Implementation of June 1, 2020,is the first basic in the field of health and health、Comprehensive legislation,It puts forward new requirements and concepts on the prevention and control of infectious diseases,This obviously needs to be matched by revising the legal system of infectious disease prevention and control。Second, my country ’s“ Prevention and Control of Infectious Diseases ”has been formulated for more than 30 years since 1989,Only in 2003、Revised twice in 2013,Comprehensively promoting the "rule of law China" and "healthy China" strategic construction after the implementation of our country is not compatible with,and comprehensive、There is still a gap in the requirements of all cycles to ensure people'bet365 Play online games s health。Third, the supporting or connection legal norms of my country's "Infectious Disease Prevention Law" also faces amendments。For example,Although my country's "Prevention and Control Law of Infectious Diseases" has been modified,However,Its original function is to refine the relevant provisions of my country's "Infectious Disease Prevention Law" to increase the operability in practice,The actual situation is that most of the content of the implementation method has been by the "Infectious Disease Prevention Law", "Emergency Coppering Law", "Emergency Regulations on Public Health Incidents", and "General Emergency Plan for National Urchual Public Incidents" "Emergency Plan for Public Health Incidents" and other modified or even completely replaced,Law applicability is greatly reduced。other,In order to prevent infectious diseases from being transmitted from abroad or threatened from the country, human health,my country's implementation of the national health quarantine system,and in the 1980s, the "National Health and Quarantine Law" and the implementation rules,Although there are revisions in the middle,But the revised range is not large,With the continuous deepening of my country's international cooperation,Cross -border communication risks of infectious diseases increase significantly,This also forced the above two legal documents to make effective responses in a timely manner。

  "Very Times" must strictly abide by laws and enforcement

"The epidemic is command,Prevention and control is responsibility "。As far as the law is concerned,Whether it is the "Block" -like Si Wei emphasized the government's leading role "National Urcended Public Emergency Program",Still "Infectious Disease Prevention Law", "Infectious Disease Prevention Law", "Prevention and Treatment of Public Health Incidents", which emphasizes the central function of the bet365 live casino games health system,,Actually, all of them、Health Administrative Department、Other relevant departments of the government、Medical and Health Institutions、The power of the unit and individual、Responsibility、Rights and obligations have made explicit regulations。Only strictly abide by these laws and regulations,We can effectively ensure the prevention and control of the epidemic and the treatment of patients.,Only to ensure the stability of social order,and try to minimize the damage caused by the epidemic。For example,Leading infectious disease prevention and control work at all levels,The people's governments at or above the county level formulate infectious disease prevention and control planning and organize implementation,Establish and improve disease prevention and control of infectious disease prevention、Medical treatment and supervision and management system; the health administrative department of the State Council in charge of national infectious disease prevention and control and its supervision and management,The health administrative department of the local people's government at or above the county level is responsible for the prevention and management of infectious diseases and supervision and management in the administrative area,Other departments of the people's governments at or above the county level are responsible for the prevention and control of infectious diseases within their respective responsibilities。Disease prevention and control institutions at all levels undertake infectious disease monitoring、Forecast、Epidemiology survey、Epidemic Report and other prevention、Control work,Medical institutions undertake the prevention work of infectious diseases in infectious diseases related to the treatment of medical treatment and treatment.。All units and individuals in the field of the People's Republic bet365 live casino games of China,Must accept the disease prevention and control agency、A survey on the infectious disease in medical institutions、Test、Collect sample、isolation treatment and other prevention、Control measures,Provide relevant situation truthfully。Disease Prevention and Control Agency、Medical institutions must not leak relevant information involving personal privacy、Information。

During the "epidemic" process of this war,Most units and individuals of citizens comply with laws and regulations,Not only responsible for yourself,Also responsible for others,Responsible for society。But there are also a few individuals' concepts of rule of law are not strong,Even ignore the law,This kind of illegal act brings great pressure to the front line of epidemic prevention and treatment,Some also seriously threatened the health of others,This requires strict law enforcement to maintain and guarantee。For example,The National Health and Health Committee、Supreme People's Court、The Supreme People's Procuratorate and the Ministry of Public Security jointly issued the "Notice on Protecting Medical Persons' safe and maintaining a good medical order during the prevention and control of new coronary virus pneumonia" on February 7, 2020,It is required to severely crack down on the prevention and control of the epidemic in accordance with the law.,For example, to tear protective equipment for medical staff、Spitter, etc. may cause medical staff to infect the new coronary virus,The administrative department of health and health shall promptly guide the medical and health institutions to do a good job of emergency response work,Take decisive measures,To the greatest extent to ensure the safety of medical staff and other patients,Maintain medical order and report to the police in time,Assistance to do a good job of safety Bet365 lotto review protection。Public security organs should go to the police in time after receiving the alarm、Quick disposal,Corresponding to criminal responsibility,Timely file investigation in accordance with the law,Comprehensive、Collect standardizedly、fixed evidence。other,Some patients go out or go to public places,Leading multiple people infection or isolate。Some companies "take the opportunity" to lift the price,Finally suffered severe punishment。

  Specific application of dialectical thinking

When the emergency public health incident comes,We need to apply dialectical thinking to specific work,Specifically,It mainly includes five aspects: First, we must pay attention to treatment,It is also necessary to emphasize the prevention of advance。Second, it is necessary to emphasize the patient's life and health rights protection,It is also necessary to fully consider the safety of medical staff,For example, providing protective equipment that meets the standards of biological safety,Configure the necessary on -site investigation disposal equipment and facilities。Third is to establish the idea of ​​a game of chess nationwide,Fully mobilize the enthusiasm of all aspects,Also pay attention to rural grassroots,Also pay attention to rural grassroots,Only in this way can we achieve joint control and control,Group Defense Group Control。Fourth, we must pay attention to western medicine treatment,It is also necessary to pay attention to the unique status of Chinese medicine in infectious disease prevention and control。Five is to adhere to traditional technical means,Also keep pace with the times,If developing Internet medical treatment, etc.,Scientific prevention and control。

 (The author is an associate professor at the Master of Law School of China University of Political Science and Law、Deputy Secretary -General of the Chinese Society of Health Law)

Editor in charge: Zhang Jing
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