我国公共卫生安全的法治保障

The Legal Guarantee of my country's Public Health Safety

新冠肺炎疫情是对世界各国治理体系和治理能力的严峻考验。依法保障公共卫生安全,是通过法治思维和法治方式践行总体国家安全观的客观要求,是在我国卫生健康领域推进国家治理体系和治理能力现代化的现实需要,是切实维护广大人民群众的生命权和健康权的必然选择。从新中国成立到改革开放以后,特别是党的十八大以来,我国公共卫生法治建设取得显著成就,以《基本医疗卫生与健康促进法》为核心的法律制度网络,为我国防治传染病和维护公共卫生安全提供了必要的法律基础,但也存在公共卫生立法不够完备、防疫体系运转不畅、法治监督体系不完善等不足之处。要提升我国法治保障公共卫生安全的能力和水平,首先要求树立“健康入万策”的理念,健全和筑牢我国公共卫生安全的法律规范体系;二是从领导体制、群众路线、信息处理等方面尽快建立精细化的公共卫生防疫体系;三是着力构建公共卫生法治监督体系,将行政监督、司法监督和人民监督相结合,确保法治思维和法治方式在公共卫生领域的有效运用。

The COVID-19 outbreak is a severe test of the governance system and governance capabili⁃ties of countries around the world.Safeguarding public health safety in accordance with the law is an ob⁃jective requirement for the implementation of the overall national security concept through legal thinking and legal methods.It is a practical need to promote the modernization of the national governance system and governance capabilities in the field of health and health in our country,and it is to effectively safe⁃guard the people's right to life,and the inevitable choice of the right to health.From the founding of the People's Republic of China to the reform and opening up,especially since the 18th National Congress of the Communist Party of China,my country's public health rule of law has made remarkable achieve⁃ments.The legal system network centered on the Basic Medical Hygiene and Health Promotion Law has helped our country prevent and maintain infectious diseases.Public health security provides the necessa⁃ry legal basis,but there are also shortcomings such as insufficient public health legislation,poor opera⁃tion of the epidemic prevention system,and imperfect legal supervision system.To improve the ability and level of my country's rule of law to ensure public health safety.First of all,establish the concept of"health into all policies",to improve and strengthen the legal system of public health safety in my coun⁃try;secondly,establish a refined public health and epidemic prevention system as soon as possible from the aspects of leadership,mass line,and information processing;thirdly.;Focus on building a public health legal supervision system,combining administrative supervision,judicial supervision and people's supervision,to ensure the effective use of legal thinking and methods in the field of public health.