Research On Legal Protection Of Citizens' Personal Freedom In Public Health Emergencies

In modern society,public health emergencies have a higher probability of occurrence than other emergencies.In the process of continuous construction and development of a society under the rule of law,all walks of life are paying more and more attention to citizens' personal freedom.When public health emergencies occur,the government and relevant departments need to adopt extraordinary administrative powers to solve practical problems,and when necessary,take special measures to impose necessary restrictions on citizens' personal freedom.Personal freedom is stipulated in national constitutions,laws and international human rights documents.It is not only a prerequisite for the realization of other freedoms of citizens,but also the basis for the protection of other basic rights of citizens.In the legal circle of our country,there are relatively many results of theoretical research on citizens' personal freedom,but there are not many researches on citizens' personal freedom in public health emergencies.Due to the lack of relevant theoretical knowledge,it is very easy to infringe on citizens' personal freedom in public health emergencies.In today's society where the rule of law is fully promoted,it is particularly important to strictly implement the rule of law in an abnormal state of society.The study of the legal protection of citizens' personal freedom in public health emergencies is a strategy for the rule of law in an abnormal state of society.The concrete implementation of this has strong practical significance.This article aims to take the new crown pneumonia epidemic that occurred at the end of 2019 as a public health emergency as a background,and on the basis of explaining the meaning and characteristics of public health emergencies,the connotation and nature of personal freedom,and the relationship between the two,It further analyzes the theoretical basis of guaranteeing citizens' personal freedom in public health emergencies,and draws the necessity of legal protection of citizens' personal freedom under the special background of public health emergencies.In addition,it further conducts in-depth research on the current laws concerning the protection of citizens' personal freedom in public health emergencies.Starting from the two aspects of substantive law and procedural law,it explores that citizens' personal freedom requires not only the protection of substantive law,but also the procedural law in administrative law.Procedural and criminal procedural guarantees.Through the analysis of my country's current legal provisions,it is found that the lack of legal protection of citizens' personal freedom in public health emergencies includes three aspects: the legislative level,law enforcement and its supervision mechanism,and judicial procedures.Taking the discovered problems as a starting point,three suggestions are made to improve the legal protection of citizens' personal freedom in public health emergencies:First,improve relevant legislation,such as perfecting the constitution,laws and regulations,and establishing emergency response for public health emergencies.Laws,etc;the second is to clarify law enforcement and supervision mechanisms,such as standardizing the use of "compulsory isolation" measures and legally taking emergency response measures;the third is to establish judicial guarantee procedures,such as clearly specifying the judicial review system for emergency administrative actions,and establishing a criminal judicial emergency response system.Through the above four parts,research on the legal protection of citizens' personal freedom in public health emergencies,so as to make up for the deficiencies of the academic circles in this field of research.