Research On The Power Boundary Of Restricting Personal Freedom In The Prevention And Treatment Of Infectious Diseases

Since ancient times,infectious diseases have continuously affected human life,and the prevention and treatment of infectious diseases is one of the important topics for human beings.The novel coronavirus pneumonia,which broke out in 2019,is the most influential infectious disease in the 21 st century.After three years of efforts,the novel coronavirus pneumonia officially changed its name at the end of 2022,and the management measures for A category infectious diseases were lifted.Practice has proved that China’s prevention and control policy is correct and should be affirmed.In the prevention and treatment of infectious diseases,the state often uses restrictions on personal freedom to protect citizens’ health and to safeguard public interests.However,in the process of restriction,the operation of power may go beyond the boundaries and infringe upon the personal freedom of citizens.Therefore,we should take into account the relevant theoretical and practical situations,seriously summarize the experience and shortcomings,clarify the boundary of the power to restrict personal freedom in the prevention and treatment of infectious diseases,and better regulate the operation of power.Besides sections Introduction and Conclusion,the article is composed of four parts as follows:The first part is the connotation of the right boundary in restricting personal freedom in the prevention and treatment of infectious diseases.Firstly,the concepts related to the right boundaries in restricting personal freedom should be clarified;Secondly,it points out the significance of clarifying the right boundary in protecting the exercise of right,standardizing the operation of power,and maintaining social stability.Finally,the article makes clear the principal theory that should be followed in defining the right boundary.Based on the theory of limitation of fundamental rights in Constitutional Law,it mainly includes the purpose,form,subject,limitation and examination of limitation of fundamental rights.The second part is the problem analysis of the right boundary of restricting personal freedom in the prevention and treatment of infectious diseases.Based on the analysis of the relevant theories of Constitutional Law above,it is clear that the power boundary should be within a reasonable range.However,in the practice of infectious disease prevention and control,the operation of power restricting personal freedom is non-standard,and there are some problems in the process of defining the power boundary,which makes the boundary unclear.Specifically,it includes four aspects: the legal system of restricting personal freedom is imperfect,the subject of act is unclear,the exercise of power is nonstandard,and the supervision of power is insufficient.The third part is the reference of the extraterritorial experience of the right boundary of restricting personal freedom in the prevention and treatment of infectious diseases.Through the analysis of different measures taken in the prevention and treatment of infectious diseases in the United States,Britain,Germany,and Japan,the article provides experience in three aspects of legal system,subject of act,and power supervision for our country to clarify the power boundary of restricting personal freedom.The fourth part is the suggestion on clarifying the right boundary of restricting personal freedom in the prevention and treatment of infectious diseases.After sorting out the theories,analyzing the problems and summarizing the overseas experience,it is necessary to clarify the power boundary to restrict personal freedom in the prevention and control of infectious diseases.The specific suggestions include four aspects: first,improve the legal system on which the power is based,and ensure that the exercise of power has laws to rely on;Secondly,the scope and authority of subject of act should be clarified,and the power subject should be distinguished from the cooperative one;Thirdly,in the specific process of power operation,we should adhere to the principle of proportion and follow the legal procedure;Finally,it is necessary to strengthen the all-round supervision in the process of power operation,to achieve the purpose of controlling public power and private rights.