Deficiency And Perfection Of Laws And Regulations On Public Health Emergencies

Public health emergency is a kind of emergency that occurs suddenly at a certain time and endangers the public health and safety.It is unpredictable and harmful to the public health and social economic order if it is not handled properly.For the sake of dealing with public health emergencies effectively,a set of complete and efficient emergency legal system must be necessary.Among them,the establishment and improvement of information release system is particularly important.This procedure determines whether adequate attention is given to emergency measures at the early stage of an outbreak and the rapid deployment of emergency measures,so as to minimize the harmful consequences of the incident.Therefore,based on the practice of public health emergencies,unite the relevant theories,on the basis of the content of existing laws,the paper demonstrates the main problems and the root causes of the information release of public health emergencies through horizontal and vertical comparison;based on the theory of right and duty,the paper demonstrates it from the angle of what it should be and what it is,and thus arrive at the reasonableness and significance of information release.Finally,the author sorts out the whole process of information release,finds out the reason and performance of the information release,and puts forward the corresponding countermeasures.This paper is divided into three parts.The first chapter mainly launches from the concrete public health emergency case,and unifies the theory,elaborated the public health emergency related concept and the characteristic,carries on the qualitative analysis to the public health emergency.In addition,the current laws and regulations on information release of public health emergencies in China are roughly sorted out,and the contents of information release are summarized.The second chapter analyzes the legal norms and actual operation of public health emergency in our country and finds out the defects and deficiencies from the main body and procedure of information release.The first is the problem with the law,the existing laws and regulations are not only in conflict with each other,but also in irrational setting of the main body of information release,ignoring the consideration of the reality,and the procedure of information release is only a brief summary,lacking of concrete guiding measures,and the imperfect supervision and responsibility mechanism provides an excuse for the main body to shirk responsibility.In the actual operation of information release,there are also some problems such as the release lag,the release channel is single,and the interaction and feedback of information are ignored.The third chapter is aimed at the suggestions and assumption of legal norms on information release of public health emergencies of our country,and makes analysis from the perspective of legal principle,so as to provide a theoretical basis for perfecting the relevant legal provisions on information release.Information release shall follow a series of theories,such as power restriction and citizens’ right to know,etc.At the same time,the information release shall also comply with the requirements of the principles of timeliness,comprehensiveness and legality.Finally,it puts forward personal tentative ideas on legal norms for the release of information on public health contingencies,and puts forward suggestions on the subjects,channels,contents of information release as well as the public.