On Legislation Of Public Health Emergency In China

Generally speaking,it is only after a state of emergency has been declared that governments can be authorised to temporarily breach the provisions of existing laws and take certain necessary measures not expressly provided for with existing law.Although the state of emergency regimes is explicitly provided for with our current constitution,no such state has been declared to date.However,during the period of epidemic prevention and control,some local governments have suddenly declared "wartime control" and have taken extraordinary and intensive preventive and control measures such as "city closure" and "village closure";some Some local law enforcement agencies declared a state of emergency and applied Article 50 of the Public Security Administration Punishment Law to punish people who refused to implement epidemic prevention and control measures,which implies that there is room for further improvement of public health emergency legislation.Based on the current COVID-19 epidemic,this paper,through a review and reflection on both legislation and practice,conducts an in-depth study of the relevant contents of China’s legal system for public health emergencies,with a view to remedying the current shortcomings,improving China’s legal system for public health emergencies,and thus providing a legal basis of the management of public health emergencies by the Chinese government,so as to better maintain social order and protect human rights.The specific ideas of this paper are as follows.The first chapter is an overview of the state of public health emergency.In this chapter,first of all,various theories and doctrines of the definition of "state of emergency" are collated,and on the basis of the analysis of the advantages and disadvantages,the concept of "state of emergency",its constituent elements are proposed,and the characteristics of "state of emergency" are summarized.The concept of "state of emergency",its constituent elements and the characteristics of "state of emergency" are summarised.Secondly,the state of emergency is analysed in relation to emergencies,martial law and states of war,and the relevant concepts are clarified.In addition,the "state of emergency" is subdivided according to the Emergency Response Law,which leads to the concept of "public health emergency" that should be activated in the current COVID-19 epidemic.Finally,"public health emergency" is defined in accordance with foreign legislation,and it is suggested that the public health emergency law studied in this paper should be understood in a broad sense,laying the theoretical foundation for later research.Chapter two provides an overview of China’s public health emergency legislation and an assessment of it.This chapter compares and analyses the legislation on public health emergencies from three aspects: the current situation of the emergency legal system,the legal provisions of "state of emergency" and the current situation of the legal system of emergency management of public health in China,with a view to providing more comprehensive and accurate suggestions for the subsequent legislation and amendments.After the combing,the preliminary conclusion are that China’s legislation is not forward-looking enough,emergency legislation is scattered and laws have not been amended in due course.The third chapter are the current situation of public health emergency practice and its problems of the COVID-19 epidemic.This chapter starts with three controversial events in the emergency management of the COVID-19 epidemic: the legal application of Article 50 of the Public Security Administration Punishment Law,the wartime control order and the disclosure of information on the epidemic.Based on a case-by-case analysis,this chapter concludes that the shortcomings of the current legal system for public health emergencies are the vague constitutional provisions,the lack of civil rights protection and the confusion of administrative emergency subjects.Considering the causes of these problems,it can be found that China’s emergency legal system is imperfect,the supply of emergency laws is insufficient,and there are conflicts between laws.Chapter four deals with the improvement in public health emergency legislation.Based on the exploration of the necessity of legislation,this chapter analysis and judges the legislative thinking of domestic scholars on emergency law and discusses the current thinking that should be chosen for China’s public health emergency legislation.At the same time,in view of the fact that the revision of the Emergency Response Law can no longer meet the realistic needs of emergency management of public health emergencies,the legislative concept of improving the legal system of public health emergencies by amending or interpreting the Constitution,reintroducing the State of Emergency Law,enacting the Emergency Response Law of Public Health Emergencies and timely cleaning and amending other laws is proposed.