| Our party and country have always attached great importance to people’s health.COVID-19 broke out in our country at the end of 2019.At a critical moment when the whole country joined hands to fight the epidemic,General Secretary Xi Jinping specially emphasized that "always put the people’s life safety and health first",this fully reflects the paramount importance of people’s health.In the current process of deepening the trend of globalization,population flows and transactions between countries and regions are becoming more frequent,and the degree of mutual influence in public health has also increased.People inevitably have to face threats of various unknown public health emergencies.In order to prevent and reduce the occurrence of public health emergencies,protect the life and health rights of the Chinese people,and maintain the long-term stability of social order,it is necessary to strengthen academic research on related topics,and strive to strengthen our country’s comprehensive capabilities in responding to public health emergencies.The subject of emergency management of public health emergencies involves theoretical knowledge of many different disciplines.It requires researchers from different perspectives to discuss and study it together.As an important means of governing the country,the rule of law provides conduct basis and regulatory requirements for the development of the emergency management process.Whether the legal norms are complete or not is related to whether emergency management can play an effective role in practice.From the perspective of administrative law,this paper mainly studies the subject from the following four aspects:First of all,summarize the basic theory of emergency management of public health emergencies.Expound the concept and features of public health emergencies,identify the differences between public health emergencies and similar concepts,trace the initial opportunity for research on emergency management theory in academic circles,analyze the concept of emergency management and the stage division of emergency management processes,discuss the necessity of adopting emergency management methods to handle public health emergencies.Secondly,describe the relevant legal system in our country’s current response to public health emergencies.Based on the content of these institutional norms,Identify who are the participants in managing public health emergencies,how the emergency management process should be carried out in stages,the types of emergency response measures and the specific content of each measure.Furthermore,based on the previous cases in response to the COVID-19 outbreak and the current system regulations,the legal issues in the emergency management of public health emergencies in our country are analyzed and put forward.The main problems are the lack of a complete legal basis,the unclear main body of emergency management power,the failure of the information reporting and release system,the non-standard implementation of emergency response measures,the insufficient protection and relief of citizens’ rights,and the imperfect supervision and accountability mechanism.Finally,try to put forward reasonable suggestions for improvement to various legal issues.Including establishing and improving the legal and normative system,clarifying the power subject of emergency management,improving the information notification and disclosure system,improving the protection and relief of citizens’ rights,standardizing the implementation procedures of emergency measures,and improving the supervision and management accountability mechanism.These suggestions will help promote the construction of the rule of law in the emergency management of public health emergencies. |
