新冠肺炎疫情背景下《传染病防治法》之再完善

The Re-Perfection of the Law on the Prevention and Control of Infectious Diseases in China Against the Backdrop of COVID-19 Pandemic

新冠肺炎疫情是对我国治理体系和治理能力的一次大考,暴露出在应对新发不明原因传染病时,《传染病防治法》等公共卫生领域法律的立法短板与执法不足,难以应对传染病复杂多变的趋势、价值引领作用缺位、报告及监测系统不完善、防控措施的法律依据不足。为了给传染病防治提供有力法治引领,有必要对《传染病防治法》进行修改完善,理清其与《突发事件应对法》的关系,明确法律定位,重构结构体例。本文从新发不明原因传染病的防控制度、传染病监测体系、预警及信息公布制度、公民权利限制及保障的规定、社会共治五个角度展开讨论,以期为立法修订及应对此类事件提供参考。

The COVID-19 epidemic is an assessment of China's governance system and capacity,exposing the shortcomings of the legislation and enforcement of public health laws such as the Law on the Prevention and Control of Infectious Diseases when responding to the emerging infectious diseases with unknown causes such as COVID-19.The shortcomings include the difficulties in coping with the complex and changing trends of infectious diseases,the absence of value-leading roles,inadequate reporting and surveillance systems,and the insufficient legal basis for prevention and control measures.In order to provide strong legal protection for the prevention and control of infectious diseases,it is necessary to improve the Law on the Prevention and Control of Infectious Diseases to clarify its relationship with the Emergency Response Law,defining its legal position and reconstructing its structural style.This paper discusses five perspectives of emerging infectious diseases with unknown causes,including their prevention and control system,their surveillance system,their early warning and information disclosure system,the restrictions and protection of citizens'rights,and the co-governance of society,hoping to provide reference for future legislative amendments and the response to relevant public health events.