The Legal Path For Villagers' Self-government Organizations To Participate In The Prevention And Control Of Major Public Health Risk

It is an important system in the study of modern Administrative law that the villagers’ self-governing organization implements the prevention and control of public health risks.It is of great significance to improve the prevention and control efficiency of administrative organs in China.However,at present,China has not issued laws to make unified interpretation and provisions for this problem,and relevant provisions are scattered in different laws and regulations and other rules,most of the provisions are simple and general,not practical.The academic circle about this system research also is not comprehensive.At present,China’s current constitution and the villagers committee villagers’ autonomous organization of the people’s government to assist behavior,the law on the prevention and control of infectious diseases at the same time the emergency response law and the public health emergencies emergency ordinance also provides for the villagers group to assist the government in implementing public health risk prevention and control,have a proper legal basis.The essence of assistance is defined as administrative entrustment.In the process of implementing the prevention and control behavior,the villagers’ self-governing organizations should have the power belonging to the township people’s government.Therefore,it is necessary to include the implementation of public health prevention and control behavior of the villagers’ self-governing organizations into the administrative activities,and to pay attention to and protect them from the administrative law.The COVID-19 outbreak in 2020 was a major health emergency.As the front line of COVID-19 prevention and control,rural areas played an extremely important role in preventing and controlling the epidemic and maintaining the basic living order of villagers.In the prevention and control of the epidemic in rural areas,villagers’ self-governing organizations play an important role in effectively curbing the spread of the epidemic.However,there are still some legal problems,such as the dislocation between the position of villager organization stipulated in the constitution and the traditional path of administration,and the dislocation of the disposition of responding obligation and participating means.These problems tend to infringe on the legitimate rights and interests of others,cause conflicts and disputes,endanger social order and public security,and generate litigation risks.This paper considers that the reasons are caused by imperfect existing laws and regulations,abuse of government "red documents",expansion of power under the state of emergency,excessive reliance on administrative orders for prevention and control,and weak legal awareness of members of villagers’ organizations.In view of this,this article suggested that shall specify the legal rights of the villagers group of epidemic prevention and control,operation specification autonomy,improve the public entrust agreement,to determine the range of entrust,to set up the program requirements and improve the responsibility system,perfecting the supervision system,finally through pay attention to the essence of the prevention and control process of legal regulation villagers organized to participate in the public health risk prevention and control,to realize the rule of law.