Legislative Research On Restriction Of Personal Freedom In Public Health Emergencies

Since the founding of China,many public health emergencies have occurred.The SARS epidemic in 2003 and the new coronavirus pneumonia epidemic in 2020 have posed threats to people’s property,lives and health,public safety and social stability.In public health emergencies,it is necessary to take a series of measures to restrict personal freedom so as to effectively respond to epidemic prevention and control and resolve public health emergencies.However,even in a special period,restrictions on citizens’ personal freedoms must be carried out in accordance with laws and regulations.Improper restrictions will lead to wanton expansion and even abuse of administrative power.Since the SARS epidemic in 2003,China has formulated a series of administrative measures in response to public health emergencies.Among them,there are many restrictions on personal freedom,which are often difficult to grasp in practice.For the legislative research on the restriction of personal liberty in my country’s public health emergencies,by sorting out the research background and the current research status at home and abroad,the purpose,methods,key points and difficulties of the research are clarified,and the research question is put forward,that is,the current state of personal liberty in my country.The restrictive measures have flaws in three aspects: legal requirements,supervision and management procedures,and restrictive measures on emergency state and personal freedom.Secondly,by sorting out the current situation of legislation,it analyzes the specific reasons and harms of the above three problems.Finally,it puts forward perfect suggestions on the legislative level of restricting the right to personal liberty in public health emergencies in our country.From the three directions of improving the legitimacy and legality of restricting the right to personal freedom,improving supervision and management,and constructing the mapping relationship between emergency status and emergency measures,revise and improve the relevant provisions of the Law from the perspection of Control and Prevention of Infectious Diseases,so can we solve the various problems raised above,to better improve the level of legalization in response to restrictions on personal freedom in accordance with laws and regulations in public emergencies,incorporate restrictive measures into the legal track,and modernize governance capabilities and governance systems.