Accelerate the legislation of key public health areas
April 08, 2020 05:52 Source: "China Social Sciences" April 8, 2020 Total 1902 Author: Wang Liming Wang Xu

Governance according to law is a major consideration of realizing the modern strategic intention of public health governance in my country,It is also the urgent work of the system shortcoming exposed from this epidemic prevention work,We only have overall planning of the rule of law and reform,Accelerate key areas in public health governance work,Effectively enhance the effectiveness of governance by promoting legislation,Only the long -term stability of the national public health and safety can be achieved。

First,Formulate long -term pipes as soon as possible、Fixed framework、Basic laws in the national system in the direction。We found out from this epidemic prevention work,"If you are not conspiracy, the distant person is not enough to seek for a while",We need to improve some major national systems in the legal system,Otherwise, shortcomings and problems will be shown in specific work。Strategic intention,It is necessary to focus on the formulation of the "Biological Safety Law" and "Emergency Status Law",The former prevents technical source pollution,The latter avoids the system failure and causes social secondary damage。Coordinated technology and system,It is the long -term strategic design that realizes the modernization of public health governance in my country。

The complex technologies of global flow and industrial civilization, as well,The risk of increasingly exacerbated the infringement of the virus in the biological world,The use of biological chemical reagent experimental development and other activities also causes improper contact of biological materials、Keep、Discovery、Utilization of equal hazards。So,It must be based on the technical source through the formulation of the "Biological Safety Law" bet365 live casino games specification,Restricting our market -related market trading behavior、Life Consumption Behavior and Scientific Research Industry Transformation Exchange。"Biological Safety Law" should establish a full link、Multi -field、Multi -level legal framework,Analyze and set the rights to each risk point that affects the interaction between biology and society、Obligations and responsibilities Risk control。The law can consider from the general population and special population (such as the relevant government departments、Scientific researcher、Other agencies) Set up to ensure biological safety contact、Use、Communication、Basic principles of disposal、Basic System、Basic procedures and basic responsibilities,A full coverage of the safety maintenance of biological safety,Prevent source pollution。

The Emergency Status Law is the basic requirements of the implementation of the emergency state system stipulated in my country's constitution,From this epidemic prevention work,It is necessary to further be standardized through legislation in emergencies in emergencies、institutionalization and proceduralization,Methodist to carry out crisis management work,Avoid social secondary damage。The existing "Emergency Copy Law" cannot replace the "Emergency Status Law"。This is because:

First, different legal status。"Emergency Status Law" is a constitutional law or a national system law,Adjust the relationship between various state organs and citizens and these agencies in the emergency state,It belongs to the constitutional law or the field of national law; the "Emergency Copper Law" only adjusts the relationship between administrative subjects and citizens and the relationship between the administrative subject,belonging to the administrative legal department。The second is different legislative purposes。The legislative purpose of the "Emergency Status Law" focuses on realizing the balance between public interest and citizen rights in Bet365 app download the state of the country,The existing control side,More the right to guarantee and fully relief。The legislative purpose of the "Capital Capital Law" is more to establish the basic framework for prevention and emergency,Make sure the effective order of emergency treatment。Third, different specification objects。Emergency status is different from emergencies。"Emergency Copy Law" Article 69 is not comprehensive from the degree of harm of the event and the ability of the response ability,Emergency state is a state of national or local overall order and various values.,It not only involves response capabilities,From the thinking of the rule of law,Basically involved permissions and response procedures,It involves the reasonable arrangement and resource allocation of all aspects of social order through the law。In this state, it is not only strict control,There are also public services、National responsibility and other large contents。

Of course,The specifications of the two are also different。The Clas of Capsules of Emergency Incidents is mainly physical rule,Focus on standardized institutional mechanisms and specific control measures,The Emergency Status Law must also make arrangements for a large number of legitimate procedures。The scope of adjustment of the "Emergency Status Law" is the whole process of the state or local government that the state organs have entered an emergency state in the state or part of the state.,Legislation should focus on the conditions for announced and lift the emergency state,Classification standards for the classification of emergency status (national and local) category,Announced or lifted the program that entered the emergency state and dynamically adjust the corresponding level,The main body of the corresponding public power activity in emergency conditions、permissions、Content、Form、Program,Conditions on citizens' rights or suspended citizens in Bet365 app download the emergency state or the conditions for suspending to apply for certain legal terms,Basic content of public control and public services in emergency conditions, as well as national responsibilities that can bear the special subjects (including compensation、Compensation、Rescue、Social Security, etc.)。

2,Modify the framework and special laws of the prevention and treatment of infectious diseases as soon as possible and the response to public events.,The systemicity of improving the law、Consistency、Operating and scientificity。From this point of view of epidemic prevention,Some key tasks need to be promoted: First, further optimization of the system and mechanism。"Unified Leaders、Classification Management、Holding responsibility、Land Management "also needs to be further improved and clarified,Central Government and Local Government、Each level within the local government、The relationship between the government and social forces also needs to be further rational。Especially after the reform of the party and state institutions in 2018,my country has established a relatively unified concentration and efficient emergency management system,Establishing a central and local emergency management departments,But the current emergencies and social public safety incidents are based on the Capital Capital Law of the Emergency.,Responsible by specific departments, respectively,How to coordinate the relationship between the emergency management department and these departments,How to ensure that the national unified emergency management standards are effective in different fields,It also needs to be further determined through legal modification。At the same time,It also needs to further clarify the power and responsibility and specific work scope of different crisis management departments。For example,Emergency Headquarters established from the central to county level,Its legal Bet365 lotto review status、Power,The relationship between the government at the same level。The second is to further improve the consistency of the law。There are conflicts for regulations between relevant laws、Where there are hidden legal loopholes, it must be effectively filled,Sort out the logical relationship between the "Infectious Disease Prevention Law" and the "Emergency Corresponding Law" and the future "Emergency Status Law",Prevents overlapping in the areas of respective specifications、Conflict when crossing。Third, on the basis of summing up the lessons of this experience of epidemic prevention,Further improve the system with poor operating effects in practice。For example,Improve the information management system,Determine the authority and responsibility between different information to obtain the subject,Fine information collection analysis、Submit、Report、The programmatic regulations released,Clarifying the "Early Warning Publishing Right" and "Epidemic Release right",The former should establish a decentralized response mechanism,The latter can be properly concentrated and coordinated at high levels。Legal modification should also regulate the intermediate administrative organization (such as community、Property Management Department、Security Company、Enterprise and Institutions) The permissions in the response of emergencies、Responsibility and working procedures,Prevent the standards in the response to public events from different standards、Local malignant competition and public power disorderly socialization。Fourth, the provisions of improving citizens' rights protection and public power exercise procedures,It is necessary to clearly establish a guidelines for the establishment of public power、Handbook、Tailors and other systems,Uniformly regulate behavior at all levels in various places,It is necessary to establish a temporary emergency relief and guarantee system for citizen rights bet365 best casino games under the response to public events,Give full play to the judicial organs to set the score for the score、The positive role of protecting human rights。

third,The support of enhanced the prevention and treatment of infectious diseases and the support of the relevant laws of public health events through the law、Cooperative effect。The following tasks can be considered: First, quickly modify the "Wildlife Protection Law"。Although the Standing Committee of the National People's Congress of the National People's Congress has made legal effects related "Decision" a while ago,But the purpose is to effectively respond to the emergencies of this epidemic,It belongs to the legislative document of the Standing Committee of the National People's Congress,After the "Decision" was introduced,It should still be fully amended to the "Wildlife Protection Law",Determine the content of the "Decision" in the form of legislation,Coordinating the rule of law and reform。Second, institutional innovation in relevant legal fields,The Civil Code that is being compiled shall be based on the summary of epidemic prevention experience,Further modify the relevant rules。For example,The contract is changed about the change of affection、Applicable situations in rules such as force majeure、Applicable relationships and legal effects,Need to be more clear。Another example,The Civil Code should further strengthen the protection of personal privacy and personal information,should be further improved、The rules requested。The residential rights created in the property editor and how to effectively guarantee that the property rights such as the property in the emergency or emergencies are also worth considering。The Administrative Penalty Law that is being amended can also consider the setting of status responsibility,Is the administrative law responsibility that needs to be assumed in a specific state and to what extent is it worth bet365 best casino games thinking about whether the non -illegal actor needs to be further considered。Last,You can also pay attention to the legal relationship adjustment in the state of public events in other new laws in the future,For example, deliberately concealed the history of contact during the epidemic、Dispendicular behavior such as concealing the whereabouts,Can you sanction in social integrity legislation,These can be considered overall。

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