Study Of The Legal System To Respond To Public Health Emergencies

In nowadays, economic globalization , eco-environment changing , population mobilizing and world multi-pole are significant, they make a unstable background for the whole world . Therefore , to develop a effective law system for public health emergencies response is urgent task for China .In 2003, the occurrence of the SARS' epidemic situation activated completely the emergency treatment mechanism of the public hygiene realm in our country, and also more appeared that it's great significance and urgency that our country establishes and perfects the treatment of the abrupt public hygiene affairs' law system in order to guaranteeing the people's health and promoting development of the socialist economy.In our country ,there are some problems in actual leagal syste to emergency.For example , the duty of the government and department concerned is indeterminate;The information network system sensitivity is bad; The principle that behaves the people to provide the public hygiene service( the public hygiene product) is not clear and distinct; The professional organization of the disease prevention control and medical treatments 's position fixing in nature or charact is inaccurate; The processing to emergency lacks guarantee the mechanism; The law responsibility that the nonperformance duty should undertake is not equal; and so on.Establishment of 《the abrupt public hygiene affairs to emergency regulation 》 is a turning point that conflicts with the contagion SARS in the our country and and important decision laid down by State Department Emergency regulation is made up on the ground that sums up the work to handle the abrupt public hygiene affairs in our country and draw lessons from the foreign empirical experience. Emergency regulation is an administration laws that is urgently drawed up according to Anti-epidemic laws and relevant laws.The promulgation of this laws, which builds up the public hygiene affairs from the law system and symbolizes that the law system replying the abrupt public hygiene affairs is further perfect in our country. This regulation provides more behavioristic law accordings for improving the ability to respond to the abrupt public hygiene affairs and control contagion SARS by law.This regulation fixes attention on resolving some probles in the processing to emergency to the abrupt public hygiene affairs , which channels of information arefoul and information statistics is inaccurate and the reaction to emergency is not quickly and the preparation to emergency is shortage. This regulation builds up and unify and efficient and authoritative dispatch mechanism to the abrupt public hygiene affairs, which channels of information are clear and the reaction is quickly and the direction is vigorous and the duty is determinate.To build up a set of effective dispatch mechanism to the abrupt public hygiene affairs, establishment of ((the abrupt public hygieneaffairsto emerge ncy regulation )) is just the first step. ((the abrupt public hygiene affairs to emergency regulation)) is drew up in so short time and not widely statewide discussed and experienced experts don't participate to draft it, so there are some careless omission and shortage in it.To process to emergency to the abrupt public hygiene affairs, our mission is still very huge,normal operation of ((the abrupt public hygieneaffairsto emergency regulation )) still need to be constantly perfect. Establishment of ((the abrupt public hygiene affairs to emergency regulation )) , emphasizes first to base on ({Anti - epidemic laws)) made up in 1989 and especially base on ((enforcement measures of Anti - epidemic laws of PRC )) Moreover, Establishment of (( the abrupt public hygiene affairs to emergency regulation )) absolutely can't disobey the laws, but want to match with the law betterly.This regulation should pay a ompulsory complement role to the laws,which should be limited in the lawmaking job power scope that drew up the administration laws in State Department and can't surmount the boundary of the law with ease to draw up the administration laws.In the eyes of the law , this regulation belongs to a kind of law category under emergency state The emergency state contains following a few characteristicses:It must be actual or has to be;it threatens the people's safety of the life or property;it obstruct the national political power organization to exercise the power normally;It affects the people's life by law;It must adopt special countermeasure measures to recover order ;and so on. According to various reasons, emergency state can be divided into two types generally:A type is the emergency state caused by the natural disaster ; Another type is the emergency state caused by the social turmoil.In regard to the essence request,the legal system of mechanism to emergency is to want to be outstanding to emphasize that the government should exercise the urgent power according to various provision of the law and adopt the homologous emergency measure even in the period under emergency state and not draw up purelya regulation to emergency to cope with the loophole on the management system. This regulation not only need to take care of the common people, but also want to regulate various behavior of government under emergency period .This paper mainly discusses three basic topics: At first, carrying on analyzing and researching for the currently law system of our country to deal with the abrupt public hygiene affairs. Secondly is studying the existing problems that our country should handle the emergency treatment mechanism of the abrupt public hygiene affairs and the law systems. The third one is thinking to the lawmaking problem of emergency condition that should be caused by dealing with the abrupt public hygiene affairs. How does obtain the most effective result of prevention and cure using the minimal resources via that the government defends effectively and emergency treatment. And then, reducing to the hazardness of the abrupt public affairs and protecting public order the freedom of the citizens with maximum limited.