| From ancient times to now,human attention to and reflection on the flesh is no less than the search for the soul.The history of human development can be attributed to a certain degree of history of resistance to disease.Undoubtedly,the most influential continuous and harmful disease is the infectious ones.The main production and lifestyle of the human society is based on collective labor and collective settlement.The strongest feature of infectious diseases is that they are highly infectious and easy to spread quickly among people and animals,which leads to infect people who live together and cause mass casualties.Many serious infectious diseases in history have often caused greater harm to human civilizations than disasters from nature or human itself.Because of its great harm,infectious diseases have become one of the major threats to human civilization.With the deepening of the understanding of infectious diseases,it is widely recognized that its prevention and control is more important than the treatment.The treatment is only remedial measures confined to individuals,which only deals with a symptom of the problem,not its cause.Infectious disease prevention and control aims at the entire population and is a prior,purposeful and planned measure focusing on preventing the occurrence of infectious diseases or blocking their spread to a wider range after the occurrence,which effects a permanent cure.Infectious disease prevention and control requires effective regulation and control of the people’s mode of production and life,habits,culture,environment,and even economy and politics.The only way to achieve such effects is to establish a sound legal system for infectious disease prevention and control.The close relationship between infectious disease prevention and control and the legal system has its inherent necessity.As one of the four ancient civilizations,ancient China also suffers a lot from infectious diseases in its long history.Entering the 21 st century,China has also faced the risk of high incidence and sudden outbreak of infectious diseases.The outbreak of SARS in 2003 exposed that the legal system of infectious disease prevention and control in China still needs to be improved.Therefore,it is of great practical significance to make a thorough study of the legal history and sum up the historical experience of the legal construction of infectious disease prevention and control in modern China,especially since the founding of the People’s Republic of China,so asto provide reference for the current legal construction of infectious disease prevention and control.After the founding of the People’s Republic of China,the Party Central Committee and the People’s Government attached great importance to infectious disease prevention and control.The first generation of the central leadership collective with Comrade Mao Zedong as the core was far-sighted,arousing the masses to carry out the "patriotic health campaign",reforming the health environment,establishing infectious disease prevention agencies with professional personnel,and working out infectious disease prevention measures.In the early days of the founding of the People’s Republic of China,it has achieved remarkable achievements and accumulated rich experience in infectious disease prevention and control under extremely difficult conditions.Despite the failure to develop law of infectious disease prevention and control,the relevant policy provisions still guarantee the efficient operation of infectious disease prevention and control.During the “Cultural Revolution”,the construction of the legal system for infectious disease prevention and control has stagnated.At that time,infectious disease prevention and control in China mainly relied on “barefoot doctors” and rural cooperative medical care systems.After the Third Plenary Session of the 11 th Central Committee,China ushered the policy of "reform and opening up",accelerating economic and social development.The construction of legal system has also enjoyed a rapid development.In February 1989,China’s first "Infectious Disease Prevention and Control Law" came into being,which is a milestone of entering a stage of overall construction of legalization on infectious disease prevention and control in China.With the rapid development of China’s "reform and opening up",economic construction has become the focus of the whole society.The pace of market-oriented reform has accelerated,and the system of infectious disease prevention and control is facing a new transformation.During this period,people have seen more of the great achievements brought about by economic development,and often overlooked some inherent problems in it.The first law on the prevention and control of infectious disease----"Infectious Disease Prevention and Control Law" is in need of perfection.In 2003,the sudden outbreak of SARS,a landmark event in the history of infectious disease prevention and control,brought unprecedented impact to China.It objectively urges all sectors of society to summarize the historical experience of infectious disease prevention and control to amend "Infectious Diseases Prevention and Control Law" and to improve the prevention andcure system of infectious diseases.After the victory in the fight against SARS,China’s legal system for infectious disease prevention and control has made significant progress.A series of legal guarantee systems in the field of infectious disease have been established,such as the prevention and supervision system,the information disclosure system,and the rescue system.It is a huge project to study the legal history of infectious disease prevention and control since the founding of the People’s Republic of China.In order to further study on infectious disease prevention and control in China,the thesis makes an in-depth analysis of the legal construction of infectious disease prevention and control and its impact,so as to find out the legislative purpose,significance,shortcomings and effectiveness of its legal norms and on the basis of which summarizes the experience gained and lost since the founding of the People’s Republic of China.The thesis also considers how to further improve the legal system of infectious disease prevention and control in China.The first chapter is the introduction part,the thesis expounds the origin,value and methods of the research,makes a brief comment on the existing literature,and inspects the legal system of infectious disease prevention and control abroad.The second chapter defines the basic categories of the legal system of infectious disease prevention and control in China,including the definition of key concepts,the combing of the constitution and the phasing of its legal system,and the historical review of the modern ones in China.The third chapter mainly discusses the legal system construction of infectious disease prevention and control in the early period of the founding of the People’s Republic of China(1949-1965).It reviews the epidemic situation of infectious disease outbreak at that time,the main response measures and relevant legal norms,points out the great achievements of the legal system construction of infectious disease prevention and control under the conditions at that time,and sums up the successful experience.The fourth chapter examines the restoration and development of the legal system for infectious disease prevention and control after the founding of the People’s Republic of China(1966-1988).During ten years of "Cultural Revolution",the construction of its legal system was seriously undermined.After the reform and opening up,it began to be rebuilt.Its restore and development laid the foundation for the birth of the first "Infectious Disease Prevention and Control Law" after the founding of the People’s Republic of China.The fifth chapter focuses on the birth and implementation of "Infectious Disease Prevention and Control Law"(1989-2003),andmakes a detailed investigation of the historical background,main characteristics and impact of the birth of its first law.Taking the major historical events of the national fight against SARS in 2003 as the starting point,this chapter also analyses the response of the application of the first law in case of an outbreak.The sixth chapter is mainly about the enrichment and perfection of the legal system of infectious disease prevention and control(from 2004 to now).It deeply studies the amendment and perfection of the Infectious Disease Prevention and Control Law in 2004,analyses a series of legal systems for infectious disease prevention and control based on the Law,and summarizes the implementation effect of its legal system.Based on the analysis of the legal system construction of infectious disease prevention and control in different historical periods of China,the seventh chapter summarizes the historical enlightenment of the legal system construction of infectious disease prevention and control since the founding of the People’s Republic of China,including adhering to the people-centered values,adhering to and developing successful experience,taking into account various affecting factors as a whole,and studying health policies in depth.To ensure future development of the legal system construction of infectious disease prevention and control.Chapter 7 also puts forward many measures including taking the implementation of the strategy of "healthy China" as an opportunity,accelerating and strengthening the training of high-level talents,and providing intellectual support for the legal system construction of infectious disease prevention and control.The eighth chapter is The conclusion part,focuses on the perfection of Infectious Disease Prevention and Control Law.Based on the research ideas and framework mentioned above,For the first time,this paper makes a comprehensive and systematic study of the legal history of infectious disease prevention and control since the founding of the People’s Republic of China.the thesis pays full attention to the development of medical science,especially that of infectious diseases,and focuses on the interdisciplinary and integration of disciplines to arise more attention to the legal history of infectious disease prevention and control.Through interdisciplinary integration,the thesis defines the key concepts and research areas in the study of legal history of infectious disease prevention and control,and makes up for the problems of unclear concepts and research areas in the past.In accordance with the symbolic events in the legal construction of infectious disease prevention and control,the legal construction of infectious disease prevention and control since the founding of the People’s Republicof China is divided into stages,and the experience gained and lost in various historical periods are analyzed and summed up in order to form a full-scale system of legal history of infectious disease prevention and control in the People’s Republic of China.On this basis,the key factors affecting the legal system construction of infectious disease prevention and control in China are deeply excavated,and suggestions for further improving the legal system of infectious disease prevention and control in China are put forward.The legal system of infectious disease prevention and control has a very long history,during which the literature is vast.Since the founding of the People’s Republic of China,abundant legal norms in the field have been brought into being,which makes the author need further research afterwards.After reviewing China’s long legal history of infectious disease prevention and control,especially the history of which after the founding of the People’s Republic of China,it is safe to say that China has certain advantages and experiences which are worthy of in-depth study and long-term adherence in the practice of legal construction of infectious disease prevention and control. |
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