Epidemic Disease And Law

Epidemic disease is not only a biomedical problem,it is a comprehensive problem involving economy and development,politics and law,culture and history and so on.The epidemic disease can not only reflect the medical level of a specific period and people’s cognition and attitude towards the disease,but also reflect the social living condition,humanistic environment,legal value and function at that time.The study of epidemic disease and law is the study of people’s cognition of epidemic disease in different periods and the legal response based on this cognition.In order to reveal this dynamic process and provide useful thinking and feasible paths for the construction and improvement of the legal system of epidemic prevention and control,this paper is divided into five parts.The introduction part introduces the significance of this topic,including theoretical and practical significance,introduces and summarizes the research achievements of scholars at home and abroad in detail,through a brief comment on it,and puts forward the research proposition of this paper combined with the realistic background,that is,some problems exposed by the current epidemic situation of COVID-19.The first chapter first analyzes the three attributes of the epidemic disease,namely,the natural attribute,the physiological attribute and the social attribute,and then examines the adjustment mode of the law.The adjustment of the law to the nature,the law to the person and the law to the social relations correspond to the natural attribute,physiological attribute and social attribute of the epidemic disease.The agreement between the three adjustment modes of law and the three attributes of epidemic is the legal basis for exploring the problems related to the intersection of epidemic and law.The second chapter defines the concept of epidemic law,explores the origin of epidemic law and the factors that affect the development of epidemic law.Taking the epidemic disease under the specific historical background as an example,this paper reveals the general development law of epidemic law: in the pre-humanism period,that is,the era of "animism" and "theism",epidemic law has not yet been differentiated from the general means of social control.under the influence of witchcraft,religion and other factors,the role of law in epidemic prevention and control is limited.After the 16 th century,epidemic law became independent as a special tool for epidemic prevention and control.It has become an important means to prevent and control the epidemic and maintain the social order under the epidemic.In addition,with the global epidemic of the epidemic,international cooperation has become an indispensable means of epidemic prevention and control,and the epidemic law has developed from domestic law to international law.Through the analysis of the globalization process of epidemic prevention and control,this paper explores the characteristics of international cooperation in epidemic prevention and control and the legal system of international epidemic prevention and control in each stage,combined with the existing problems of international cooperation in epidemic prevention and control exposed by COVID-19 at present,the response of the legal system of epidemic prevention and control is pointed out.The third chapter analyzes the link between the emergence and development of the concept of human rights and the epidemic disease.On the one hand,the sprout of human rights thought is inseparable from the epidemic disease in the 14 th century;on the other hand,through the investigation of the historical process of human rights,combined with the epidemic prevention and control measures at different stages of human rights development,reveal the evolution process of the connection between the concept of human rights and epidemic prevention and control: from the early disregard of human rights to gradually face up to human rights,and then to human rights become the core principles and important strategies for epidemic prevention and control.The connection between the concept of human rights and epidemic prevention and control is also the process of the integration of human rights law and the legal system of epidemic prevention and control.in the process of integration,the content of human rights law has been continuously enriched and developed,and the legal system of epidemic prevention and control has been continuously improved.The third section of this chapter specially analyzes the starting point of epidemic disease prevention and control-the right of non-discrimination,and reveals the significance of the protection of non-discrimination right to epidemic prevention and control by combing the history of epidemic discrimination and anti-discrimination.The fourth chapter takes the social attribute of the epidemic disease as the breakthrough point,analyzes the impact of the epidemic disease as a social phenomenon on the ancient and modern Chinese and foreign social order,and makes a brief analysis of the specific measures for the prevention and control of the epidemic disease in history and at present.Then it can be concluded that no matter what cognitive stage the epidemic is in,the maintenance of social order is an important part of the legal system of epidemic prevention and control.After the previous historical carding and dialectical discussion,this paper summarizes the core principles that the legal system of epidemic prevention and control should adhere to,and analyzes the conflict and coordination between the principles.On the basis of absorbing the previous historical and realistic analysis of the intersection of epidemic disease and law,combined with the current situation of the legal system of epidemic prevention and control in our country and the defects exposed in dealing with the epidemic of COVID-19,this paper puts forward the path to improve the legal system of epidemic prevention and control in our country.