On The Concept Of Human Health Community And The Improvement Of International Health Law

With the worldwide outbreak of Newcastle pneumonia,the global public health problem is facing an unprecedented crisis,and the shortcomings of international health law under the WHO system revealed by the outbreak have made the current international health law unable to effectively control the worldwide outbreak,so it is urgent to improve and change the international health law.In this context,China has proposed the concept of building a human health community,a governance concept that specifically addresses world health issues,based on its own experience in combating epidemics and its experience in cooperating with countries around the world to combat epidemics.It is a manifestation of Chinese philosophy and Chinese wisdom.The promotion of international health law under the guidance of the concept of human health and health community will not only be effective in combating this new crown epidemic,but also has great significance in responding to other potential global public health emergencies.The first part of this paper analyzes the dilemma faced by the current international health law:although international health law has been in the process of improvement and development since the mid-19th century,the current international health law system is still imperfect,the number of relevant international law rules is small and too fragmented,and due to the "soft law" nature of international health law rules Due to the "soft law" nature of international health law rules,some sovereign countries tend to consider their own interests too much and lack the conscientiousness to implement them,and the lack of accountability mechanisms does not make them bear the corresponding consequences.In addition,the"either/or" mechanism of PHEIC has greatly weakened its practicality.The second part of this paper summarizes the background,theoretical origin,connotation and value of the concept of human health community.In today’s globalized world,the fate of people around the world has been tightly linked,and no country can be left alone.It focuses on the survival and security of all human beings and has the connotation of achieving health equality,maintaining health security,promoting health development and building a healthy environment.The concept of human health community not only originates from Marxist thought,but also absorbs the excellent Chinese traditional culture.This concept has not only practical value but also theoretical value at the level of international law.The third part proves that the concept of human health community is reasonable in international law from both vertical and horizontal perspectives.From the vertical perspective,this concept is in line with the law of development of international law and the trend of transformation of the subjects of international law,and from the horizontal perspective,it is consistent with the principles of international law,such as the supremacy of human rights,faithful fulfillment of obligations under international law,and collective collaboration.The fourth part discusses the promotion of improving the International Health Regulations(2005)under the guidance of the concept of human health community,establishing the mechanism of punishment and reward,further improving the PHEIC mechanism,making more detailed provisions for additional health measures,and enhancing the functions of the World Health Organization.At the same time,the legislative model of the Framework Convention on Tobacco Control should be used to explore the legalization of the concept of human health community.In addition,an international ecological risk prevention system should be established.It should also actively draw on China’s relevant legislation and practical experience,and promote the further improvement and development of the existing international health law through the above-mentioned ways.The concept of building a human health community responds to the current global need to combat epidemics,provides theoretical guidance for the prevention and control of epidemics,and contributes Chinese wisdom and Chinese solutions to the improvement and development of international health law.