Research On Legal Issues Of Compulsory Isolation In Epidemic Prevention And Control

After the outbreak of a major infectious disease epidemic,mandatory isolation has become an effective emergency administrative management method for the administrative body to respond to the infectious disease crisis.But at the same time,in order to achieve the administrative goal of containing the spread of the epidemic as soon as possible to protect the public interest,the mandatory isolation in the prevention and control of the epidemic is more mandatory,urgency,procedural discretion,and compound with both medical and legal attributes than normal.Sex and other characteristics.Therefore,in practice,it is more likely to have negative effects such as illegal or improper use of compulsory isolation and damage to the legal rights of the counterparty.Therefore,research on the legal issues of mandatory isolation in epidemic prevention and control has important theoretical and practical significance.Compulsory isolation in epidemic prevention and control has many specific forms in practice,such as isolation treatment,medical observation,quarantine,detention,closed management,and blockade of epidemic areas.In terms of its nature,it should be defined as a special administrative coercive measure in an emergency state.The current compulsory isolation in epidemic prevention and control has many problems such as doubts about the authority of the decision subject,unclear responsibilities of the implementation subject,lack of procedures,generalization of objects,excessive behavior,lack of relief and compensation channels.The reason lies in the gaps and divergence in the relevant regulations of mandatory isolation in our country’s current legislation,excessive emphasis on enforcement efficiency and ignorance of the legislative orientation of the protection of civil rights,and the legislative model that emphasizes entities rather than procedures.In order to get rid of the above dilemma,the various benefits involved in compulsory isolation in epidemic prevention and control should be appropriately weighed and selected.In view of the actual situation in our country,clarify the decision-making and implementation subjects of compulsory isolation in the current laws and regulations,improve the decision-making and implementation procedures of compulsory isolation,establish an effective supervision mechanism,and establish a relief and compensation mechanism in line with emergency administration.On the premise of quickly and effectively controlling the epidemic,avoid improper derogation of citizens’ personal freedom and other legal rights.