On The Protection Of Citizens’ Basic Rights In The Prevention And Control Of Major Epidemics

Major epidemics such as the new coronavirus(2019-n Co V/COVID-19)have posed serious threats to the lives and health of citizens and national security.In order to curb the continued spread of the epidemic and reduce the loss of the country and the people,our country has adopted a nationwide game of strong anti-epidemic measures to successfully curb the spread of the virus,reduce diseases,save lives,and gradually restore economic production and national construction.However,the practice of epidemic prevention and control has also exposed the inadequacies of our country’s relevant citizens’ basic rights protection legislation.Based on this,the author conducts research on the protection of basic rights in the prevention and control of major epidemics.Focusing on the current situation of the protection of citizens’ basic rights in the prevention and control of the epidemic,and the insufficiency of relevant legislation in our country,we put forward targeted suggestions to promote the improvement of our country’s relevant legislation and the further development of our country’s human rights protection cause.This article is divided into five parts:The first part first introduces the background and significance of the topic,and then analyzes the domestic and foreign status of the protection of basic rights of citizens in the prevention and control of major epidemics.It is found that compared with foreign countries,my country’s research on the protection of basic rights of citizens in the context of “state of emergency”,“public health emergencies”,and “prevention and treatment of infectious diseases”is less in number and not in-depth enough.There is no clear definition of "major epidemic prevention and control" in domestic and foreign studies,only relevant research,which triggered the author’s discussion on the protection of citizens’ basic rights in major epidemic prevention and control.The second part is an overview of the prevention and control of major epidemics and the basic rights of citizens.It mainly includes the definition of the concept and attributes of "major epidemic prevention and control",and the basic rights of citizens involved.Among them,the basic rights involved are discussed from the classification of personal rights and property rights.It is believed that “prevention and control of major epidemics” should be defined by combining“states of emergency” and “public health emergencies”.“Prevention and control of major epidemics” have legitimacy,stage and space,and the expansibility of state power.The basic rights of citizens during a major epidemic can be divided into unrestricted basic rights and urgently restricted basic rights.The third part mainly analyzes the consistency and conflict between the prevention and control of major epidemics and the protection of citizens’ basic rights.It mainly includes the origins,manifestations and consistency of conflicts between the prevention and control of major epidemics and the protection of basic rights of citizens.It is believed that the importance of basic rights of citizens and the limitation of basic rights of citizens in major epidemics are the root causes of conflicts.It is mainly manifested in the conflict between the priority of national security and the individual freedom of citizens,and the conflict between national emergency power and civil rights.Among them,the latter is mainly the restriction of the state’s administrative emergency power on the rights of citizens.It is specifically embodied in the epidemic control restricting personal freedom,rumor control restricting freedom of expression,media reports and personality rights conflicts,and property expropriation restricting real rights,etc.The consistency is mainly manifested in the consistency of the fundamental interests of major epidemic prevention and control and the protection of civil rights and the consistency of path selection.The fourth part mainly studies the status quo and problems of the protection of citizens’ basic rights in the prevention and control of major epidemics in my country.Mainly related to the current status of legislation and practice of the protection of basic rights of citizens in the prevention and control of major epidemics,as well as the problems of the basic rights protection system in the prevention and control of major epidemics in my country.Among them,the current status of practice analyzes the effectiveness of the protection of basic rights in the prevention and control of the epidemic in my country,and summarizes the performance of the violation of the basic rights of Chinese citizens during the epidemic.Finally,it draws the problems in the protection of the basic rights of citizens in the prevention and control of the epidemic in my country.Including the imperfect legal system,insufficient supervision of administrative emergency powers,unclear standards for restricting citizens’ basic rights,lack of operability in regulations on personality rights and property acquisition,and imperfect protection of basic rights for special groups.The fifth part mainly studies the legislative improvement of the protection of the basic rights of Chinese citizens in the prevention and control of major epidemics.It mainly includes five aspects: improving the legislative system for the protection of basic rights in the prevention and control of major epidemics,balancing the conflict between administrative emergency rights and basic rights of citizens,strengthening the protection of citizens’ personal and property rights,and the protection of basic rights of special groups.It is proposed that high-level overall laws should be formulated to fill in the gaps,and laws in the field of public health emergency should be revised,and the legal system for epidemic prevention and control should be strengthened;the limitation of basic rights should be clarified,and the supervision of administrative emergency power should be improved;and the right to personal dignity and personal information should be strengthened Protect and improve the compensation system for property expropriation;attach importance to the protection of basic rights of patients and suspected patients,medical staff,and vulnerable groups.