Study On Mandatory Quarantine Measures In COVID-19 Prevention And Control

New crown virus seriously damages the life and health of citizens and threatens public health security,thus it was included in the category B communicable illnesses under the Control of Contagious Diseases Law and was once managed according to category A contagious diseases,so the compulsory isolation measures played an important role in the prevention and control of the new crown epidemic.Although there is a statutory foundation for the implementation of compulsory isolation measures in China’s existing laws and regulations,the degree of systematization is low and the specification is not detailed enough,which has revealed many problems in practical application and is insufficient to deal with possible major infectious disease epidemics in the future,so it is still relevant to study the legality of compulsory isolation measures.The aim of this essay is to analyze the existing compulsory isolation legal system and its practical application in China,to explore the problems exposed by the compulsory isolation system in the prevention and control of the new crown epidemic in China,so as to put forward rationalization suggestions to make the compulsory isolation measures more legitimate and accurate,and the systematization degree improved to achieve precise and scientific epidemic prevention and control.The first part mainly discusses in terms of concept and characteristics,compulsory isolation measures are a kind of administrative coercive measures with compound,realistic urgency and temporary nature,which can be divided into three categories according to different ways of division: regional isolation,grid control isolation and type isolation,whose main purpose is to balance public health safety with citizens’ freedom rights and legal benefit consideration with priority of efficiency;from the normative level,the Infectious Disease At the normative level,the Law on Prevention and Treatment of Infectious Diseases is the main legal basis,supplemented by the Law on Response to Health Emergencies and the Regulations on Emergency Response to Public Health Emergencies,and supplemented by corresponding rules and regulations,forming a fledgling legal system of compulsory isolation.By examining the application of compulsory isolation in the prevention and control of the new epidemic,it can be found that compulsory isolation has revealed many problems,mainly in the form of unclear compulsory limits,expanded isolation targets,and lack of remedies,which are obviously detrimental to the protection of civil rights;in concrete practice,compulsory isolation also has problems such as controversial subjects and insufficient protection of rights,conflicts between laws and regulations,and lack of procedural content.The lack of procedural content also seriously undermines the legitimate rights and interests of the isolated person.Thus,it can be seen that the regulation of compulsory isolation measures is urgent.Regulation of compulsory isolation measures,first of all,in the legislation to improve the legislative concept,improve the normative system;secondly,in the procedure to clarify the isolation of objects,refine the procedural rules,to provide additional remedies;finally,the application should be clarified in the isolation of the subject,to protect the legitimate rights and interests.From the legislative,procedural,and application of the three aspects of the construction of a sound and reasonable legal system of compulsory isolation,in the maintenance of public health and safety while protecting the rights and interests of citizens.