Research On Compulsory Isolation Of Public Health Emergencies In China

Public health emergencies are extremely contagious due to their wide scope,great harm,unforeseen characteristics,and certain public health emergencies.They not only seriously threaten the basic rights of citizens,such as the right to life and health,but also pose a serious threat to the public.Health,national economy,and social order have a very negative impact.Compulsory isolation is to prevent the expansion of public health emergencies by controlling the source of infection and cutting off the means of transmission.On the one hand,it protects citizens’ right to life and health,on the other hand,it also maintains public health and maintains social order.However,as an administrative coercive measure in a state of emergency,compulsory isolation has greater discretion in its implementation.Improper use can easily lead to power expansion and harm the national interest,social interest,and the legitimate rights and interests of citizens.Therefore,it is necessary to treat Reasonable regulation of the compulsory isolation system is also an inevitable requirement for the establishment of a country under the rule of law.Although there are legal regulations on compulsory isolation in public health emergencies in our country at present,there are still many problems in actual operation due to certain conflicts and lack of practical procedures and requirements in these regulations.My country’s current research on compulsory isolation in public health emergencies is mainly focused on the macro public health emergency mechanism level.This article focuses on compulsory isolation in public health emergencies.First,it summarizes the concepts and judgment standards of public health emergencies and compulsory isolation,and applies it from the perspectives of utilitarianism,proportionality and administrative emergency principles.Analyze the nature and rationality,and summarize the value of compulsory isolation in response to public health emergencies.Secondly,by analyzing the laws,regulations and practice of compulsory isolation in public health emergencies,it summarized the current status of the application of the compulsory isolation system in my country.Based on the above summary and analysis,it is found that there are still many problems in my country’s compulsory isolation,such as flaws in related laws and regulations,lack of procedural justice,confusion in the executive body,excessive execution,and lack of protection of basic citizens’ rights.In response to these problems,the author puts forward several suggestions for improving the mandatory isolation system: In terms of legal regulation,adhere to three major concepts,namely,adhere to the unity of legislative science and democracy,adhere to the unity of public and personal interests,and insist on the unity of substantive justice and procedural justice.,Through appropriate adjustments to the scope of application of compulsory isolation,establishment of reasonable and standardized operating procedures,etc.,to continuously improve relevant laws and regulations to provide legal guarantees for compulsory isolation;in terms of implementation,isolation measures must be strictly implemented in accordance with the law to prevent blind use of power.Abuse,to ensure substantive justice,and to clarify the law enforcement powers of medical institutions,public security agencies,and grassroots autonomous organizations,and to refine the protection of the basic rights of citizens in the implementation;in terms of supervision and remedial mechanisms,it is necessary to improve the current situation of supervision to enable administrative law enforcement Supervision,judicial supervision and social supervision should be carried out simultaneously,the relief channels should be broadened,and the construction of the administrative compensation system for mental damages should be improved.