Implementation Difficulties And Resolutions Of Quarantine Measures Adopted For Epidemic Prevention

Quarantine measures adopted for epidemic prevention refer to administrative and legal acts that,for the needs of epidemic prevention and control,are based on legal regulations,forcibly keeping infected and at-risk persons with specific infectious diseases in designated places,restricting their activities until the risk of infectious disease transmission is eliminated.Quarantine,as a method commonly used by countries around the world to control the spread and spread of infectious diseases,is simple and efficient,but its implementation will also have a great impact on the basic rights of citizens.At present,there are many legal documents involving the expression "quarantine" in my country’s legislation,but the lack of unified integration and classification has led to the difficulty of implementing epidemic prevention and quarantine measures to a certain extent.Based on the standards of applicable objects,legal attributes,and value compliance,this article divides the existing Quarantine measures adopted for epidemic prevention into four categories,namely quarantine isolation,prevention and control isolation,emergency isolation,and assisted mandatory isolation.The basis for the legitimacy of quarantine measures lies in their ability to effectively safeguard citizens’ right to health and to achieve a balance of legal interests among order,efficiency,and fairness.Moreover,no matter from the perspective of utilitarianism or moralism,the implementation of isolation measures is justified.However,in the process of preventing and controlling the coronavirus epidemic,the implementation of Quarantine measures adopted for epidemic prevention has exposed a series of corresponding difficulties.First of all,the normal legal construction is insufficient,the current legislation is not detailed,unreasonable or even blank,and there are also problems of poor connection and contradiction between legislation.Secondly,the construction of emergency laws in our country is not mature enough,which makes the start and continuation of the emergency state of epidemic prevention lack of constraints,normal laws are deliberately circumvented,and emergency powers are excessively expanded.Finally,due to the lack of relevant enforcement procedures and relief paths,there are often violations of due process and the principle of proportionality.In order to resolve the above-mentioned implementation difficulties,the implementation principles of Quarantine measures adopted for epidemic prevention should first be clarified.The implementation principle should take both efficiency and the rule of law into consideration,and minimize the negative impact on civil rights as the value pursuit.From this,three implementation principles are derived.First,the principle of taking both public and private interests into account.When implementing Quarantine measures adopted for epidemic prevention,reasonably balance the impact on the social economy and the health of citizens,and choose a reasonable isolation policy;second,implement the principle in accordance with the law.When implementing Quarantine measures adopted for epidemic prevention,certain aspects can Appropriate accommodation should be made,but the rule of law should not be avoided in an emergency,and the bottom line of the rule of law and the basic spirit of the rule of law should still be abided by,and the principles of due process and proportionality should be adhered to;basis and take into account ethical legitimacy.After the implementation principles are clarified,system construction should be carried out to resolve the above-mentioned implementation difficulties respectively.First of all,normal laws should be improved,and the aforementioned implementation principles should be established in legal form.And properly integrate the existing laws,unify the expression and legislative ideas,so as to form an organic whole for the prevention and control of infectious diseases.It should also follow the example of foreign legislation and classify the Quarantine measures adopted for epidemic prevention into statutory categories for separate system design.The definition and legal status of various subjects in the implementation of Quarantine measures adopted for epidemic prevention should also be clarified.Including the decision subject,implementation subject,assisting subject and target object of the Quarantine measures adopted for epidemic prevention.Secondly,the deficiencies in emergency legislation should be made up.Before the start of the epidemic prevention emergency state,attention should be paid to the management of the emergency plan;when it is started,attention should be paid to the start-up and continuation procedures of the emergency plan;after the end of the epidemic prevention emergency state,the government’s actions during the period should also be reviewed afterwards.Third,the implementation procedures for Quarantine measures adopted for epidemic prevention should be further refined.In addition to the general regulations,due to the urgency of infectious disease prevention and control,general procedures and emergency procedures should be set separately.General procedures should include prior notification,statement of defense,withdrawal,etc.;emergency procedures should not only simplify general procedures,but also include basic guarantee procedures for quarantined persons.Finally,the path of supervision and relief should be unblocked,and the channels for parties to lodge complaints,administrative reconsideration,and even administrative litigation and state compensation should be clarified;moreover,internal supervision by state agencies should be emphasized,and supervision by judicial agencies,people’s congress should be fully utilized.