The Legal Mechanism Of China's Public Health Crisis

The breakout of SARA makes us recognize the importance of controlling of public health crisis, and self-examinant our laws of the public health crisis. Before SARS our laws and regulations already had had corresponding ordinations. But, in the process from the SARS epidemic to outbreak, they did not bring into play, why? There are many reasons, but I think the major one is the faultiness of the laws and regulations. In May, 2003 the Sate Council issued The rule on public health crisis, and all provinces and municipalities issued corresponding local laws and regulations too. But the publishing of these laws and regulations was hard to avoid hasty in the time and demonstration. This thesis, in view of the above-mentioned reasons, discusses following topics. 　　1, The establishment of developing law idea of replying crisis of the public health. In this part, I elaborate which kind's law idea we should follow for structuring our public health crisis law system. 　　2, The systematization of the laws of the public health crisis. First I hold the opinion that we should give up the model of each administers in his own way of legislation and administration of the crisis, and then, we should lay stress on systematicness of the public health crisis laws and assure coordination of laws. 　　3, The restructuring function of the public health crisis law. The author elaborate the function of public health crisis laws, and which kinds of mechanisms of the laws of the public health crisis should been constructed. 　　4, The enforcement of the laws of the public health crisis. First, the author analyses the effect of laws of the public health crisis on basis of the principle of jurisprudence and reality, and then, suggests that we should set up the institution of independent investigation.