Study On The Legal Issues Of Compulsory Medical Treatment Against Major Epidemic

The Chinese government has taken strong control measures as well as promulgated a series of laws and regulations facing a variety of sudden major epidemic in recent years. The central and local administrative authorities have also taken appropriate administrative measures accordingly, including isolation observation, forced isolation,compulsory medical treatment and ect. of patients and suspected patients as well as timely shutting down the infected places. These measures do have a positive effect,but also brought some legal questions and disputes. Nowadays, there still have some defects in compulsory medical treatment of major epidemic of infectious diseases, such as unclear legal system,unknown authorities and responsibilities,non-standard procedures,lack of statute and ect. The applicable law hereof is the Law on Prevention and Treatment of Infectious Diseases of People's Republic of China and this paper is only try to study related issues on compulsory medical treatment against major epidemic of infectious diseases under this Law. Part one: Introducing the basic concepts of compulsory medical treatment and the special meaning in infectious disease prevention and control. Compulsory medical treatment is not contrary to the human rights, but is a protection.Part two: Introducing the legislation of compulsory medical treatment in Japan,the United States,and England. Specifying the history of the epidemic prevention laws as well as the compulsory medical treatment in China. Also talking about changes in legal and related policy measures in coping with major epidemic of infectious diseases in China. Part three: Discussing the legal basis of infectious disease prevention and control in China, pointing out the issues of deficiencies legal support, conflict of legal systems, excessive use of administrative powers, while focusing on the dilemma in the medical facilities, the frontier of infectious disease prevention and control. Making the following suggestion based on the above-discussed issues: amend or modify the related laws on prevention of infectious diseases; clearly specify and ask the government authorities to take control measures according to legal procedures; and specify the implementation of flexible management and ect.