Research On The Legal Mechanism Of Scientific Surveillance Of Infectious Diseases

The global outbreak of a novel coronavirus is a major public health emergency in China and an emergency public health event of international concern.This paper focuses on the topic of infectious disease surveillance in epidemic prevention and control and examines the significance of infectious disease surveillance in public health policy research.The first part raises the research question of the scientific nature of infectious disease surveillance.After clarifying the concept of surveillance,by combing through the history of surveillance and sorting out the various types of infectious disease surveillance,it is pointed out that from religious,geographical,and cultural dimensions,these turn surveillance into moral imputation,into a presumption of guilt for the group concerned,and stigmatization.Influence concludes scientific surveillance while explaining the problem of conflict between science and politics.Grounding in the above dimensions can all lead to biases in the scientific nature of monitoring.The second part proposes to adhere to the scientific dimension for infectious disease surveillance.The scientific dimension is based on the theory that science produces objective "facts" about the world and empowers political actors to implement their security agenda.Science assumes a role in decision making,and the reasonable involvement of law effectively guarantees access to scientific information.At the macro level,public health law examines the legal powers and obligations of the state to safeguard health,and at the micro level,the need for legal involvement in infectious disease surveillance.The third part reviews the existing legal and policy provisions,legal status and implementation mechanisms related to surveillance at home and abroad.There are several multi-level legal norms and emergency mechanisms in our legal system.A reflection on the above surveillance-related laws reveals a number of problems and deficiencies in this area in China: fragmented legislation,weak operability,insufficient emergency response principles,and lack of laws in many areas.In international law,the main norm to deal with the threat of globalization of infectious diseases is the International Health Regulations(2005),while many cooperation mechanisms have emerged in the field of international public health.However,the regulation of international public health law suffers from insufficient legislative strength and insufficient binding force.In the fourth part,based on the aforementioned problems,it is pointed out that the rule of law mechanism of infectious disease surveillance should be promoted based on the scientific dimension.For the improvement of China’s public health law,it is proposed to adhere to the principle of scientific,scientific decision-making and scientific research beforehand;in the event,to establish a perfect monitoring and handling mechanism,focusing on the whole process of talent team,monitoring,evaluation,early warning,notification and information disclosure;and to strengthen scientific popularization and reasonable naming afterwards.In the field of international public health rule of law,we promote the revision of the Regulations and the development of the Pandemic Convention,strengthen the core capacity building for compliance,and promote international cooperation.