传染病防控中的隔离措施

Isolation and Quarantine Measures in the Control of Communicable Diseases

传染病防治法上规定对传染病患者、病原携带者、疑似患者及其密切接触者等采取隔离措施,目的在于阻绝传染病蔓延扩散。此种措施的实效为自古至今的重大疫情及其防治结果所证明,但亦引发了个人权利与公众健康所体现的公共利益之间的抵牾。在实务操作中,有关隔离的种类繁芜,操作不当可能造成不必要的混乱。有必要从分类、主体、程序、救济等层面加以完善,从而使个人权利和公共利益达致平衡。隔离措施的体系化以适用对象不同而展开,同时更需要对其从宪法、组织法、程序法等视角予以探讨,从而凸显政府介入风险社会之时始终注重个人权利维护的理念。

The control of communicable diseases law stipulates that quarantine measures should be taken for patients with infectious diseases,pathogen carriers,suspected patients and their close contacts,so as to stop the spread of infectious diseases.The effectiveness of such measures has been proved by the major epidemic situation and its control results since ancient times,but it has also triggered the conflict between the public interests and individual rights.In practical operation,there are many kinds of isolation and improper operation may cause unnecessary confusion.It is then necessary to improve from the aspects of classification,subject,procedure,relief and so on,so as to balance individual rights and public interests.The systematization of quarantine measures is carried out with different objects of application.At the same time,it needs to be explored from the perspectives of constitutional law,organization law and procedural law,so as to highlight the principle that the government always pays attention to the protection of individual rights when intervening in risk society.