Research On Legal Issues In The Application Of Health Codes

In December 2022,he State Council issued the Notice on Further Optimizing the Implementation of the Prevention and Control Measures for the COVID-19,which put forward ten optimization requirements for the delineation of risk areas and management and control methods.One of the most important changes is to change the sealed epidemic prevention policy into taking individuals as the first responsible person for health,and no longer check the health code.This does not mean that the epidemic is completely released,nor does it mean that the health code application will completely leave our lives.As a powerful tool for the country to carry out sealed epidemic prevention and control,the application of health code has replaced the epidemic prevention and control work of manual information flow adjustment with its accurate and efficient advantages,effectively blocking the spread of the epidemic for many times,and fully ensuring the safety of people’s lives.Therefore,we should recognize the important role of health code application in the anti-epidemic period,and also face up to the problems arising in the process of health code application.The solution of these problems can lay a theoretical foundation for the improvement of China’s public health emergency management system,further improve China’s comprehensive ability to respond to public health emergencies,better respond to future public health emergencies,and safeguard citizens’ personal rights and interests.Therefore,the problems arising from the application of health code are still worth further discussion.This paper takes the application of health code during the closed epidemic prevention and control period as an example,and studies the specific problems arising from the application of health code in practice and puts forward relevant solutions.The full text is divided into four parts besides the introduction and conclusion.The first part summarizes the basic theoretical knowledge of health code application.Firstly,the concept and characteristics of health code application are explained,and it is clear that health code application is a dynamic process.Three characteristics of health code application are summarized;Secondly,it introduces the basic principles that should be followed in the application of health code;Finally,it combs out the legal attributes of the health code application and clarifies the legal relationship involved in the health code application.The second part demonstrates the legitimacy of the application of health code,with the ultimate purpose of maintaining public health safety and protecting citizens’ physical and mental rights.First of all,the necessity of health code application is demonstrated from two aspects: the outstanding contribution of health code application in the period of closed epidemic prevention and control and the theoretical support for preventing the occurrence of sudden public health events.The application of health code has changed the traditional epidemic prevention mode of manually conducting epidemiological information with its efficient and convenient advantages,greatly improving the efficiency of epidemic prevention and control,and is a major practice of digital social governance in China;Secondly,it combs the relationship between public health security and private rights of citizens.The state maintains public health security by exercising public power,and should clarify the relationship between public power and private rights.The third part analyzes the problems and causes that occur during the application of health codes.In order to respond to public health emergencies,government departments have added health code applications as emergency tools to carry out epidemic prevention and control work.It is precisely because of this urgent use that problems arise in the process of health code application.These problems are mainly manifested in the improper exercise of public power leading to the damage of citizens’ legitimate rights,such as violations of citizens’ personal information rights,personal freedom rights,and privacy rights;The reasons for these problems are analyzed from three aspects: first,the legal regulations for the application of health codes are not perfect;The second is the lack of corresponding rights supervision mechanism;The third is the lack of relief channels for health code assignment errors.Summarize and analyze the causes of these representative problems,laying a solid foundation for further improvement suggestions and solutions.The fourth part puts forward suggestions for solving the problems arising from the application of health codes.The application of health codes during the lockdown epidemic prevention and control period is closely related to every citizen,which directly determines whether public health safety can be maintained and whether citizens’ rights and interests can be protected.Therefore,after in-depth discussion of the basic theoretical knowledge and problems of health code application,relevant solutions are proposed: First,we should establish and improve the legal norms for the application of health codes.The first is to unify the health code application management entity with the law,and limit the exercise of public power in the process of health code application with a unified management entity.The second is to limit the scope of information collection to determine the scope of information collection and use to prevent personal information and privacy from being damaged.The third is to improve the information disclosure system,make the use of power in the process of health code application open and transparent,and protect citizens’ right to know;Second,build a diversified power supervision mechanism.Combine the two different modes of internal power supervision and external social supervision to improve the self-discipline ability of management subjects,and ensure the correct exercise of public power with a perfect supervision mechanism;Finally,improve the rights remedy mechanism.Clear channels for appeal of errors in health code applications,build an administrative compensation system,and clarify compensation subjects and standards.Run through the whole process of health code application with a perfect legal and regulatory system,give full play to the positive role of health code with specific solutions,and safeguard the legitimate rights and interests of citizens.