Legal Regulation Of Compulsory Isolation Measures In Public Health Emergency

Since the outbreak of COVID-19(2019-n Co V)in 2019,Chinese governments at all levels have taken strong measures to deal with it,including the introduction of compulsory isolation measures,as well as the development and promotion of COVID-19 vaccines and specific drugs,which have achieved significant results.Take compulsory isolation as an example.Whether in the early stage of epidemic prevention and control or at the moment when epidemic prevention and control is normalized,compulsory isolation measures have to a large extent stopped the spread of COVID-19,and greatly guaranteed public security and public interests.But compulsory isolation measures as a kind of administrative compulsory measures to public health emergencies,applied in practice can easily cause power expansion,damage the interests of the state,the public interests,and the legitimate rights and interests of citizens,so compulsory isolation as the first and important step need through legal means to regulate and constraints.Although our country laws and regulations on the provisions of compulsory isolation measures in the public health emergencies,but mainly focus on the macro level,the lack of micro specific legal provisions,resulting in practice such as executive subject and authority lack of unity,execution object generalization,execution program fuzzy,excessive behavior and relief difficulties.Taking the compulsory isolation measures in the prevention and control of COVID-19 as an example,Firstly,the relevant laws and existing problems of compulsory isolation measures in China,Secondly,this paper analyzes the basic principles of compulsory isolation measures,the advantages and disadvantages of compulsory isolation measures and the causes of the problems in compulsory isolation measures,Finally,in view of the above problems and the reasons,the corresponding improvement suggestions are put forward:Refine the legislative content in the legislative aspect;Standardizing the administrative acts of compulsory isolation measures from the three aspects of restricting the execution subject,distinguishing the applicable objects and abiding by the execution procedures;Strengthen the construction of a multi-subject supervision system;Expand the effective relief channels by optimizing administrative reconsideration,administrative litigation,improving the state compensation system,and establishing special committees.On February 23,2023,joint prevention and control mechanism of the State Council at a news conference,the national health committee staff said,from a global perspective,the spread of the COVID-19 and harm still exist,and the epidemic in our country is basically over but not completely over,there are still sporadic,local state,still need to manage it with measures against Class B infectious disease,alert transmission,pathogenic or virulence of new strain input in China.In addition,in the past two years,there have been several news reports about the melting of glaciers in the North and South Pole and the emergence of ancient virus,human beings are facing the threat of public health emergencies.Therefore,in order to better deal with the possible spread of unknown virus in the future and the eruption of public health emergency,analyzing the problems of compulsory isolation measures in COVID-19,summarize the experience,and improve the legal regulation of compulsory isolation measures,so as to better regulate the compulsory isolation measures in public health emergencies.