| The outbreak of the 2020 epidemic led the world into a public health crisis,which seriously affected public health,and the public health legal system faced unprecedented challenges and raised higher requirements for China’s criminal legislation in the field of public health.By clarifying the concepts of public health,public health law and the relationship between legislation in the field of public health and the criminal code,this paper examines the crisis response mechanisms and criminal punishment measures in public health legislation in and outside China based on the theories of health promotion principle,the principle of statutory crime and punishment and the principle of shared governance.The current public health system in China,centered on the Prevention and Control of Infectious Diseases Law,the Emergency Response Law,and the Emergency Regulations for Public Health Emergencies,is inadequate in terms of epidemic prevention and control isolation measures,emergency decision-making mechanisms,and personal information protection,as well as the lack of criminal penalties for violation of epidemic prevention and control isolation measures,dereliction of duty,and infringement of personal information protection in this process.In view of the above shortcomings,we propose the following ways to improve the scope of application of epidemic prevention and control isolation measures,optimize the epidemic decision-making mechanism,and strengthen the supervision of personal information;secondly,criminal penalties in the form of fines or reprimands should be added,and serious consequences should be convicted and punished according to the corresponding crimes in the criminal code.The effective connection between public health legislation and criminal legislation is an important prerequisite for responding to public health crises and punishing illegal and criminal acts in the field of public health,both of which are not only important means for maintaining public health,but also an important part of the ambitious blueprint and action plan for the construction of a healthy China. |
