Reflexive Law Design Of Early Warning Mechanism In The Connection Of Prevention And Control Of Epidemic Emergency

COVID-19 is an institutional test of China’s emergency rule of law construction.While the epidemic is in the ascendancy abroad,it has been basically under control at home.China’s experience has become a valuable asset in the global epidemic prevention and control.However,we have to face up to a problem,that is,our successful experience is mainly reflected in the epidemic "control" aspect,and in the epidemic "prevention" and "prevention" and "control" connection,the existing emergency management system still has institutional loopholes,outstanding performance lies in the failure of emergency warning start.Failure to start emergency warning,on the one hand,led to a hard transition from "normal state" to "emergency state";on the other hand,it also delayed the best opportunity for epidemic prevention and control,and directly led to the doubling of the cost of subsequent emergency response.As the core system in the stage of emergency preparedness,the main reason for the failure of the emergency warning mechanism is that the local government lacks the motivation to make independent decisions and the sense of responsibility to take the corresponding risks when dealing with possible public health emergencies.As one of the main representative of law’s evolution theory,figure in buner thought after the rules of guidance in the form of a rational method（emphasis on autonomy,and the main body enthusiasm）,and the essence of the purpose-driven rational method（emphasis on the direct control of the law）,in the face of extreme differentiation and extremely complicated modern society,the law must be able to seek a balance between autonomy and regulation,Therefore,the development direction of law will be procedural oriented reflective rational law,which pursues a kind of regulated autonomy,that is,indirect adjustment of law through the distribution of process,organization,power or right.Based on the theory of rethinking rational method,this paper intends to systematically explore the rethinking rational emergency warning mechanism in the connection between "prevention" and "control" of epidemic emergency management in China.The paper mainly includes six parts: the first part is "Introduction",which briefly discusses the significance,status,content,ideas and methods of the topic selection of the paper;The first part is "the current situation of emergency early warning system of public health emergencies in China",which analyzes the connotation,characteristics and legislative status of emergency early warning of public health emergencies;the secondd part is "the impact and reasons of the failure of start-up of early warning mechanism in the early stage of the new crown pneumonia epidemic";The thirth part "the theoretical basis and Institutional Logic of reflexive law——a theoretical direction for the improvement of the system of emergency early warning mechanism for public health emergencies",mainly introduces the theoretical basis,institutional logic and mature institutional model of reflective rational law;The fourth part "reflects on the institutional design of the emergency early warning mechanism of public health emergencies from the perspective of reflexive Law",mainly discusses the design scheme of the emergency early warning mechanism of Public Health Emergencies Based on the model of reflexive Law.