Legal Guarantee For Emergency Management Of Public Health Emergencies

Since the beginning of the new century,my country has experienced large-scale public health emergencies such as SARS and H1N1 influenza,and has established a set of emergency management mechanisms that can effectively respond to public health emergencies.However,the COVID-19 outbreak at the end of 2019 still caused huge losses to my country’s social and economic development.Despite this world-class catastrophic test,my country’s public health emergency management mechanism has played a huge role in helping my country resume work and production in a timely manner during the epidemic prevention and control,and boost confidence in the recovery of the world economy.However,in the epidemic prevention work,phenomena such as untimely response,weak capacity,inactive mechanism,insufficient motivation,and ineffective prevention and control are still exposed,reflecting that my country’s emergency management system for public health emergencies still needs to be improved.Through the research on the emergency management system of public health emergencies in my country and the actual inspection of the governance work in various places since the outbreak of the epidemic,it is found that the legalization of the emergency management system for public health emergencies in my country still has great deficiencies.The specific manifestations are that the public health legislation is not complete enough,there is a lack of special public health basic laws,and the legal provisions on public health emergencies are more abstract and have more principled provisions,which are difficult to apply to complex and changeable real public health emergencies;During the implementation of the law on public health emergencies,there are problems such as abuse of administrative power and weak awareness of citizens’ emergency response;At the same time,in the process of governance,there are widespread phenomena that the main body of pre-supervision is absent,and the means and methods of supervision are outdated and backward;In addition,problems such as insufficient human rights protection,incomplete information protection,and inadequate material security systems are prominent in the governance process;In addition,the low status and poor treatment of public disease prevention and control departments,and the lack of medical talent team construction are also important reasons for restricting the effect of governance.In order to solve the above problems,it is necessary to take the social governance theory,good law and good governance theory,and human rights theory as the starting point to explore the appropriate mode in the process of emergency management of public health emergencies.First of all,under the social governance theory,emergency governance requires the joint participation of multiple subjects,so as to resolve social contradictions,achieve social justice and promote social harmonious development.Good law and good governance,on the other hand,put forward specific requirements on the legal system for emergency response to public health emergencies,which are not only conducive to the full realization of human dignity and value,the protection of citizens’ individual rights,but also the adjustment of the benign relationship between citizens and the state.Promote the healthy development of society.In addition,human rights are rights that should be enjoyed as human beings and as equal subjects of value,and should be guaranteed in the process of emergency management.In addition to citizens’ right to life and health,basic human rights such as the right to know and freedom should also be guaranteed.On this basis,the construction of the rule of law system for public health emergency governance should meet the value pursuit of people-oriented and public interest priority,Based on the basic principles of rationality,due process,proportionality,and administrative emergency,as the benchmark for improvement,give full play to the authority and functions of the government in the process of emergency management,fully protect the lives,freedom,rights and interests of citizens,and fully protect citizens’ human rights and achieve social fairness and justice.Law is the most important tool for governing a country,and good law is the premise of good governance.Building and improving the socialist rule of law system through the rule of law is the key to handling public health emergencies,including epidemic prevention and control.We should improve my country’s public health emergency rule of law system from five aspects: the rule of law normative system,the rule of law implementation system,the rule of law supervision system,the rule of law guarantee system,and the emergency governance management mechanism.First of all,the basic laws of public health emergency management should be formulated and the existing public health emergency management regulations should be revised and improved to establish a complete legal and normative system for public health management.Secondly,it is necessary to form an efficient legal implementation system for public health emergency governance by improving the joint prevention and control capabilities of emergency governance and improving the grid governance system.At the same time,it is necessary to build a strict legal supervision system for emergency management of public health emergencies by combining the power of multiple subjects with modern information means such as network platforms and big data.In addition,a favorable legal guarantee system for public health emergency management should be improved in terms of civil rights protection and relief,personal safety protection,public health emergency reserve and guarantee mechanism,and judicial connection mechanism.Finally,in particular,it is necessary to improve the public health disease prevention and control system and strengthen the construction of the talent team for public health emergency management,so as to establish a sound public health emergency management mechanism.