With the outbreak of the new crown epidemic in 2020,the Hubei Provincial People’s Government has a 26-day interval from the reporting of the new coronavirus pneumonia to the initiation of emergency response.The news that the State Council included the new type of coronary pneumonia as a Type B infectious disease on January 20,2020 was communicated to the general public in the Internet era.The release of this information actually played a role in the official release of early warning information.After that,the local people’s government started the emergency response accordingly.The untimely release of early warning information for public health emergencies can cause major losses.We analyze China’s early warning mechanism for public health emergencies from the perspective of this epidemic.After experiencing the SARS epidemic,China has gradually established an emergency management system for public health emergencies.After 17 years of development,China’s emergency response system for public health emergencies has been gradually improved.The outbreak of the new crown epidemic,although we have achieved great success in the follow-up response,there are still shortcomings in the early warning mechanism of public health emergencies.The first part of this article sorts out the concepts and characteristics of public health emergencies,which leads to the importance of early warning mechanisms.It also summarizes the concepts,significance,characteristics and theoretical basis of early warning mechanisms.The second part of this article analyzes the construction process and status quo of the legal system of the early warning mechanism for public health emergencies and the specific operation of the legal system of the early warning mechanism.The third part of this article mainly explores the shortcomings of our national public health emergency early warning mechanism based on the existing early warning mechanism of public health emergencies combined with the new coronavirus epidemic.The fourth part of this article explores feasible countermeasures after analyzing the shortcomings of the early warning mechanism of public health emergencies.An effective early warning mechanism requires legal and technical support.This article mainly reflects on the shortcomings of the early warning mechanism of public health emergencies in the legal system.This article divides the early warning mechanism into processes into pre-alarm period,formal early warning and in-event early warning.This article studies the prewarning period and the formal warning.Risk prevention includes both risk early warning and emergency response plans.The next step is to analyze the shortcomings of the early warning mechanism of public health emergencies.First of all,the change in the concept of risk society management is also reflected in the "Emergency Response Law",but the "Infectious Disease Prevention and Control Law" and the "Emergency Response Regulations" still reflect the governance of the provisions.Therefore,in the existing emergency response There is a conflict of management concepts in the laws and regulations of public health incidents.Second,there are conflicts in legal provisions between the competent authorities that have the right to give early warning,and there are a number of laws and regulations that stipulate the right to give early warning.Third,the behaviors of governments below the provincial level(including provincial governments)during the pre-warning period lacked legal support for responding to public health emergencies.Fourth,our country’s legalization and standardization of early warning operation mechanisms are insufficient.Our existing legal regulations on early warning operation mechanisms only include the normative document "Management Measures for the Operation of the National Emergency Early Warning Information Release System(Trial)",which has limited content and is ineffective.During the operation of the early warning mechanism,there is a status quo that a special early warning mechanism and early warning information are not standardized for group unknown diseases.Considering risk prevention,including risk early warning and initiating emergency plans,separate the power of early warning from the power of initiating emergency plans and maintain their independence.The power to initiate emergency plans is given to the government,and the power to start early warning is given to the provincial health administrative department.This not only guarantees the power of early warning,but also guarantees the efficiency of the emergency management process.Taking into account the absence of laws in the pre-warning period of people’s governments below the provincial level,I suggest adding corresponding content to the legal provisions to give them certain powers before the formal warning.Taking into account the legal vacancies in the operation of the existing early warning mechanism,I think we can make some specific regulations,and also establish an early warning mechanism for group unknown disease events and standardize early warning information.The public’s awareness of risk prevention in our country is insufficient,and we need to strengthen laws and regulations on emergency education.Finally,we need to learn from the whistleblower system to construct our own legal system on civil early warning. |