重大突发公共卫生事件中防疫用品市场管制理路

Research on Theoretical Path of Market Regulation of Epidemic Prevention Supplies in Magnitude Outburst Public Health Incident

作为一种公共干预,管制通常是对经济事件或市场失灵的特殊回应。重大突发公共卫生事件中防疫用品市场管制基础在于防疫用品的公共性和外部性。管制必须于法有据,这就需要以相应的管制立法为前提。为有效化解法律稳定性与重大突发公共卫生事件应对所要求的及时性、灵活性的矛盾,政府需要着眼于供给和需求两端,立足防疫用品生产、销售、消费三个环节,依据相关立法遵循法定程序,出台相应的管制政策。

Regulation, as a public intervention, is usually a special response to economic events or market failure. The basis of market regulation of epidemic prevention supplies in magnitude outburst public health incident lies in the commonality and externality of epidemic prevention supplies. Regulation must be based on law, which means that corresponding regulation legislation is the premise. In order to effectively resolve the contradiction between the stability of legal and timeliness and flexibility of required to respond to magnitude outburst public health incident, government needs to focus on both supply and demand, based on the three links of production, sales and consumption of epidemic prevention supplies, in accordance with relevant legislation, following legal procedures, and then issues corresponding regulation policies.