Reflection And Reconstruction Of The Isolation System Of China’s Infectious Disease Prevention And Control Law

The outbreak of COVID-19 at the end of 2019 is a public health emergency with the fastest speed of transmission,the widest range of infection and the greatest difficulty in prevention and control since the founding of the People’s Republic of China.In the process of epidemic prevention and control,with the characteristics of effectively controlling the source of infection and cutting off the route of virus transmission,the isolation system has helped China win the war of epidemic prevention and control for many times,so as to ensure the safety of people’s lives and maintain the peace and stability of social order.At the same time,although China’s relevant laws and regulations guide the implementation of the infectious disease isolation system,there have been still some negative events caused by improper isolation in this epidemic prevention and control.Based on the above background,this paper focuses on the current implementation status of the infectious disease isolation system in China,firstly,defines the infectious disease isolation system,compares and analyzes several systems related to isolation,secondly,analyzes the legal basis of the implementation of the isolation system,then summarizes the current problems with the current legal situation of the infectious disease isolation system in China,and finally puts forward suggestions for the improvement of the system in order to help the infectious disease isolation system in China to give full play to its institutional efficacy,so that all parties can achieve win-win rights and interests.The introduction part is based on the prevention and control of the epidemic,summarizes the current situation of the implementation of the infectious disease isolation system,discusses the need to improve the infectious disease isolation system in China,and introduces the research content of this paper.The first part is an overview of the infectious disease isolation system.This paper considers the connotation of the infectious disease isolation system from the medical perspective,the legal perspective,and the views of relevant scholars,and concludes that the infectious disease isolation system contains both medical and legal aspects,and on this basis,the conceptual definition of the infectious disease isolation system is proposed,and the three related systems of isolation treatment,isolation medical observation,and home health monitoring are compared and analyzed.The second part is an analysis of the theoretical basis of the infectious disease isolation system.Through research and analysis,this paper proposes that the theory of state emergency power,the theory of cooperative governance,the theory of legal benefit measurement,and the theory of procedural justice can be used as the jurisprudential basis for the implementation of the isolation system,and elaborates on the substantial influence of each theory on the design of the system content.The third part is to sort out and reflect on the relevant provisions of the infectious disease isolation system.This paper sorts out and analyzes the provisions of the national-level legislation and policies and local-level legislation on the infectious disease control and isolation system in China.Among them,national legislation provides for the infectious disease isolation system in terms of implementation subjects,applicable objects,relevant contents,guarantees and rewards,supervision and penalties.The national policy provides for the infectious disease isolation system in terms of relevant concepts,implementation methods and implementation procedures,and isolation site setting and management.Local legislation provides for the infectious disease isolation system in terms of implementation subjects,isolation sites,medical treatment system,treatment norms,and legal responsibilities.By combing and reflecting on the relevant laws and regulations,it can be seen that the current system of isolation of infectious diseases in China is not uniform in the definition of the concept,the implementation of the main authority is unclear,the relevant procedural norms need to be improved,the provisions of the system of treatment of infectious diseases is not specific,the legal liability provisions are not perfect.The fourth part is the legal improvement of China’s infectious disease prevention and control law isolation system.Based on the previous research and discussion,this paper puts forward five suggestions to improve the problems raised in the third part:first,clarify the concept of isolation system;second,clarify the implementation authority of the isolation subject;third,improve the relevant procedural provisions of the isolation system;fourth,improve the infectious disease treatment system;fifth,improve the provisions of the legal responsibility of the isolation-related subjects.