突发公共卫生事件中隔离措施的法律问题研究

On the Legal Issues of Quarantine Measures in Public Health Emergencies

在突发公共卫生事件中,隔离措施的广泛实施有效阻断了疫情蔓延,此种措施在取得防疫实效的同时亦引发了公民基本权利与公共利益的抵牾。在法律规范中,隔离措施具有不确定性,相关措施必须以平等作为实质标准规范其界限,并从目的、权限、内容、手段、程序等五个方面进行合法性审查。在实践中,隔离措施的实施主体和人员存有合法性疑虑,被隔离人员的生活保障、隔离方式选择、隔离费用负担等新问题亦需从权利保护的角度加以审视和论证,从而使个人权利和公共利益达成平衡。

In public health emergencies,the widespread implementation of quarantine measures has effectively blocked the spread of the epidemic.While such measures have achieved effective results in epidemic prevention,they have also triggered a conflict between the basic rights of citizens and the public interest.In legal norms,quarantine measures are uncertain.Relevant measures must take equality as a substantive standard to regulate their boundaries and the legitimacy reviews should be conducted from five aspects:purpose,jurisdiction,content,means and procedure.In practice,the main implementing body and personnel of quarantine measures have doubts about legitimacy,and new issues such as the living guarantee of the quarantined persons,the choice of quarantine methods and the burden of quarantine costs also need to be reviewed and discussed from the perspective of rights protection so as to achieve the balance between individual rights and the public interest.