A Study On The Emergency Legal System Of Sudden Disease In China

Since SARS broke out in 2003, the Chinese government has established a sudden epidemics prevention and emergency system and the system has been functioning well in public health. However, we must realize that, for decades, although relevant rules on sudden epidemics prevention have been established, emergency measures are not been fully incorporated into the legal system. The phenomenon of “rule of man” sometimes even exists and the optional problem is apparent. That not only hinders the improvement of the system, but also violates the “rule of law” put forward in the fourth plenary session of the 18 thCPC Central Committee.This dissertation aims to arouse social attention to the legal system of the sudden epidemics emergency sector, especially national legislators’ interest in this field, thus building up an effective legal framework of sudden epidemics emergency in China. To this end, I will choose the sudden epidemics emergency legal system as my research object, in the hope that the article will provide solutions to improve the public emergency system in China. The article is divided into six parts. The first part is an overview of current legal system in China, including the concept and characteristics of sudden epidemics, and the introduction of legal principles that the sudden epidemics in China should follow. The second part induces the characteristics of current legal system based on the introduction of the development and current situation of our country’s legal system of sudden epidemics.The third part is the main part, analyzing the defects of the current legal system. Different from other thesis which focus more on the content and less on the structure of the emergency legal system, this article, for the first time, provides analysis from diversified angles, covering the above two dimensions, both the structure and the content. The fourth part explores international journals and introduces foreign legal systems of sudden epidemics emergency as a reference for domestic legal circle. The fifth part presents suggestions to ameliorate domestic sudden epidemics emergency legal system based on the above four parts. The final conclusion part raises hopes for China’s legal system of sudden epidemics in the future.