Study On Local Legislation Of Early Warning Mechanism For Public Health Emergencies

It has been more than three years since the development of the public health crisis event triggered by the New Crown epidemic at the end of 2019,and as the most serious public health emergency of the moment,the New Crown epidemic has brought huge impacts to the whole society,including both positive and negative aspects,one of the positive impacts is to promote the improvement and development of relevant legislation.Along with the entire beginning and end of the epidemic,the enthusiasm of China’s public health legislation,including local legislation,has continued to rise,and the public health legal system has been gradually improved.However,while recognizing the achievements,there are also some shortcomings,such as the legislative process and the quality of legislation varying from place to place,especially in the public health local early warning legislation still has many shortcomings.In public health emergencies,localities are often the first to be exposed to epidemic information,and a rapid and timely response is crucial to stopping the spread of the epidemic,so it is important to strengthen local legislation,especially to establish a sound early warning mechanism for public health emergencies that meets the actual local characteristics.In the process of writing the thesis,the author further studied the achievements and problems of early warning mechanism legislation at the present stage by counting and sorting out the local legislative documents during the period before and after the new crown pneumonia in 2019 in China,and conducted a detailed analysis and summary of the various problems revealed,summarizing the following types of more prominent problems: local legislation is relatively scattered,the quality of legislation varies,legislative duplication The problems are as follows: scattered local legislation,uneven quality of legislation,repetitive legislation,and lack of innovative legislation.On the premise of fully realizing the problems of local early warning mechanism-related legislation,it is more important and urgent to solve the problems and improve the related legislation.In order to control public health risks within a scientific and reasonable range,the author introduces the principle of scientific uncertainty,conducts a new conceptual analysis of early warning mechanisms and local legislation on early warning mechanisms,focuses on the problems and shortcomings of local legislation on public health early warning mechanisms,and puts forward some new ideas and suggestions for the reform and improvement of local legislation on public health early warning mechanisms,hoping to further improve the scientific accuracy of local legislation on public health emergencies.This paper focuses on the following five aspects.This paper is developed through the following five aspects.The first part: mainly introduces the research background and significance of this paper,the current status of domestic and foreign research,research methods and innovations and shortcomings.The second part: specifies the concept of early warning mechanism for public health emergencies,and further divides the early warning mechanism into two basic models: general early warning mechanism and special early warning mechanism.Next,the concept of local legislation on early warning mechanism for public health emergencies is analyzed,and specifically divided into autonomous early warning legislation for local affairs and creative early warning legislation in the absence of the higher law.Finally,from the necessity of local legislation for early warning mechanism of public health emergencies,we emphasize that it is the inherent demand of implementing laws and regulations,the inevitable requirement of regional differences,and the positive role of "legislative testing ground",so as to fully explain the necessity and urgency of the current early warning local legislation and law revision work in China.Part III: Combing and analyzing local legislation on early warning mechanisms for public health emergencies in China.Using the New Crown pneumonia epidemic as a time point to divide the boundaries,local legislation on public health before New Crown pneumonia and local legislation on public health early warning after New Crown pneumonia are summarized and concluded.The next step is to combine the provinces that took the lead in formulating emergency regulations after the New Crown pneumonia epidemic as examples,and to specifically select representative areas for analysis of the legal standardization of local early warning behavior.Part IV: Analyze the real problems of the current local legislation on early warning mechanism for public health emergencies and the unreasonable and imperfect aspects of the law in its practical application.The problems revealed include gaps and lags in local legislation,rigid legislative principles,vague standards for early warning law making,inadequate legal basis,and insufficient legislative innovation and synergy,etc.Only when these problems are solved can we better promote local governments at all levels to rely on early warning mechanisms in practice to accomplish standardized,professional,and efficient early warning work.Part V: In response to the large number of unresolved problems in local legislation on early warning mechanisms,we propose recommendations for improving local legislation,including accelerating local legislation,establishing scientific uncertainty principles to guide early warning work,and ensuring timely and effective early warning.To address the problem of ambiguous decision-making criteria for early warning,promote the local government to build a set of scientific and uniform "dynamic warning criteria" that can be constantly optimized and upgraded according to the time and situation to establish and adjust the mechanism,which is important for the outbreak of infectious diseases,especially unknown and non-statutory types of infectious diseases.In the case of insufficient local legal basis,the relationship between evidence and legal basis can be fully grasped by using an "evidence-based approach" to develop the basis for early warning.Next,it is important to promote contact and cooperation with the community and society at large to form feedback and response to ensure the scientific reliability of the legal basis obtained and the enforceability of the legal policies formulated.Finally,to enhance the operability of local early warning legislation,it is necessary to encourage the innovation of local early warning legislation,and also to ensure the innovation of local early warning legislation and the synergy of legislative content between different departments and regions.