Study On Local Legislation Of Sudden Public Health Events

Emergent public health events have the characteristics of sudden occurrence,various inducements,complex causes,rapid spread and wide spread,etc.In recent years,the response to public health emergencies has attracted more and more attention.Since the founding of new China,in order to deal with all kinds of acute or chronic infectious diseases,epidemic,occupational disease problems,related department have issued concerning the prevention and control of plague propaganda work instructions " to prevent the asphalt poisoning method" the law on the prevention and control of infectious diseases the emergent public health event emergency ordinance and other laws,regulations and policies,emergency management ability improved greatly with the national level.Compared with the legislation at the central level,local legislation is more suitable for local actual needs and more conducive to the flexible response to sudden public health events.With the revision of Legislation Law for many times,the number of local legislative bodies in China has been rising,and the legislative enthusiasm is surging.However,there are various problems in the local legislation to deal with public health emergencies,which seriously affect the quality of local legislation.Therefore,it is necessary to analyze these problems and study the corresponding countermeasures to improve the local legislative capacity in response to sudden public health events.In the COVID-19 outbreak in 2020,local governments have enacted legislation on epidemic prevention and control,wildlife protection,emergency management of public health events,ecological protection and other aspects,and the number of local legislation to deal with sudden public health events has increased rapidly.However,in this process,many problems have been exposed: in terms of legislative authority,various provisions on illegal restriction of citizens’ personal freedom,administrative compulsory expropriation and requisition enacted by local legislation have involved in the field of legal reservation stipulated in the Legislation Law.Some local legislation is bound by superior laws,but they still enact provisions that contradict them.In the process of legislation,local legislation pays insufficient attention to the preparatory work before legislation,fails to fully control the purpose and direction of legislation,and makes pre-legislation research formalized.In the drafting stage,the drafting method of local legislation is too simple,which basically relies on the relevant functional departments of the people’s government to draft,which easily leads to the legalization of departmental interests.Moreover,in the process of forming the bill,the feedback channels of public voices were not smooth,resulting in the failure of local legislation to fully reflect public opinion.In the form of legislation,local legislation copied the central legislation in style and structure,blindly pursuing complete form and huge style,and filling it with many empty provisions.Improper use of professional terms,imprecise wording and unimpeded logic;On the legislative content,the local government duplicates the central government legislation,and the innovation is seriously insufficient.Many local laws and regulations have not been revised for a long time and have been unable to adapt to the development needs of the new era.The protection of human rights in local legislation is not strong enough,and humanistic care is not enough.By referring to the local legislative experience of civil law countries,Germany and Japan,common law countries,the United States and the United Kingdom in dealing with public health emergencies,the author believes that local legislation should give full play to local characteristics within the framework of superior law or without superior law.Considering the actual situation of local economy and society,considering the purpose of legislation,fully investigating and researching,formulating local laws and regulations that are not only in pursuit of gorgeous form,but also have innovative content,accurate wording,strict observance of legislative authority,rigorous legislative procedures,perfect relevant systems,meet the needs of The Times,and pay attention to humanistic care.