Research On The Allocation Of Local Government’s Early Warning Issuing Power For Public Health Emergencies

The response to public health emergencies has always relied on the use of public power,and this is especially true in the case of "new crown epidemic",which is a fastspreading and wide-reaching public health emergency.The government can better protect people’s right to life and health by responding to epidemics in a timely manner and activating early warning mechanisms.Therefore,the idea of "early warning" is necessary to prevent the spread of disease before it happens,and it is especially important for local governments to play their role of "early warning".Especially in the early stage when information is incomplete,it is important for local governments to get a head start through early warning to respond effectively to public health emergencies.The legal basis for the local government’s right to issue early warnings in public health emergencies is unclear in the current legislation.There is some controversy in the academic community as to which law should be applied as the applicable basis for local governments to issue early warning information.As the first local government to be exposed to risks,it is important for the effective operation of the early warning mechanism to have the right to issue early warnings.In this paper,we clarify the legal basis of local government’s right to issue early warnings by clarifying the relationship between various laws and regulations.On the other hand,it argues for the rationality of empowering local governments to issue early warning information from the perspective of the real-life problems of local public health emergencies.At the same time,the paper provides reasonable suggestions on the problems of the legislative configuration and practice of local governments in issuing early warnings for public health emergencies.This paper is divided into six parts.The first part starts from several parts,such as research background and significance,research ideas and methods,research status,and possible innovation points,etc.Through an in-depth review of the current situation of domestic and foreign research,the background and objectives of this paper are determined to provide a basis for analyzing problems and solving them.The second part takes the conflict between Article 43 of the Emergency Response Law and Article 19 of the Prevention and Control of Infectious Diseases Law as a logical starting point to fully define whether local governments have the right to issue early warnings in public health emergencies,and clarify the right to issue early warnings by distinguishing the right to issue early warnings from the right to issue information.At the same time,the basic concepts of public health emergencies and the configuration of local government’s right to issue warnings are framed to provide a basis for further discussion of the core issues to follow.The third part combines the theories of Chinese and foreign scholars on the right to issue early warnings,and provides theoretical proofs of the internal logic of the local government’s right to issue early warnings in the special context of public health emergencies from the risk regulation theory,risk prevention principle and scientific uncertainty principle.Part IV takes the problems exposed by local governments in early warning in public health emergencies as a perspective,compares the current situation of legislation on the configuration of local government’s right to issue early warnings,starts from the problems exposed by legislation and practice,and puts forward the urgent problems to be solved at the legislative and institutional levels.The fifth part analyzes the reasonable aspects of the legislative configuration and institutional construction of the local government from the current situation of the local government’s early warning power configuration in overseas countries,and improves the optimization ideas for further improving the local government’s early warning power configuration in China.Based on the realistic and feasible considerations,the sixth part further proposes the optimization path to improve the configuration of local government’s early warning authority from three levels: the improvement of legislation,the participation of multiple subjects in the collection and research of early warning information,and the construction of the responsibility system of local government’s early warning authority.