Study On Public Health Public Interest Litigation System

Public health is a social public utility to protect and promote public health,and the goals of public health need to be achieved through public health governance.The emergence of the new crown epidemic has exposed the problems of the current status of public health governance in China,such as the limitations of the single governmentled governance system,the failure to include the risk sources of new infectious diseases in the scope of governance,and the inadequate protection of public interests by governance means.The public interest litigation system can provide a way for social forces to participate in public health governance,achieve source management of public health risks,and make up for the lack of public health governance tools.Public health and public interest litigation share the same value orientation in protecting public interests,and public health is in line with the legislative trend of broadening the scope of public interest litigation,and public interest litigation has accumulated rich practical experience in the past,so it is highly feasible to introduce public interest litigation system in public health governance.In view of the characteristics of public health,the public health public interest litigation system should be based on the principles of broad participation,prevention and supervision.Based on the above principles,the author makes specific suggestions for the construction of public health public interest litigation system.Specifically,the target and scope of public health public interest litigation should be clarified;the scope of public health public interest litigation should be expanded;the sources of public interest litigation should be broadened by opening up the reporting channel of "whistle blowers" and strengthening the collaboration between government agencies and social organizations;preventive public interest litigation should be allowed;and administrative public interest litigation should be preferred.