精准治理视角下的依法防控与人权保障——基于抗击2019新型冠状病毒引发的思考

The Epidemic Prevention and Control by the Rule of Law and the Protection of Human Rights from the Perspective of Targeted Governance——Reflections on the Fight against COVID-19

2019新型冠状病毒疫情全方位考验着我国的法治体系、治理能力和人权保障水平。法治为公共卫生建设提供制度保障,人权则是公共卫生建设的终极追求。在非常状态下,对民众的生命和健康权、信息诉求和言论自由所采取的应急防控措施,必须强化精准治理思维和逻辑,立足依法防控和人权保障两个维度,通过比例原则进行精准化分级分类治理,提升公共卫生领域治理能力和治理体系现代化水平。

The epidemic situation of COVID-19 comprehensively tests China’s legal system, governance capacity and human rights protection level. The rule of law provides system guarantees for the construction of public health capabilities, while the protection of human rights is the ultimate pursuit of the public health campaign. Under extraordinary circumstances, the emergency measures, taken for the protection of people’s rights to life and health, information claims and freedom of expression, must adopt the thinking and logic of targeted governance. On the basis of the two dimensions of the epidemic prevention and control by the rule of law, as well as the protection of human rights, these measures must implement the targeted governance rationale of grading and classifying by adhering to the proportionality principle, and upgrade the capabilities and the level of modernization of the governance system in the field of public health.