突发公共卫生事件中的权力扩张与规制——以新型冠状病毒防控为例

Power Expansion and Regulation in Public Health Emergencies——Take the COVID-19 prevention and control as an example

为更好地开展新型冠状病毒疫情的防控工作,需要扩张权力采取诸如封城、居家防疫、停产停业等措施来保障人民的生命健康和维护公共秩序稳定,在此类突发公共卫生事件中权力的扩张有其必要性和必然性,但权力扩张在某种程度上致使财产权、隐私权等权利消减。结合新型冠状病毒防控工作实例,在突发公共卫生事件中构建以依法防疫为前提、人民至上为要义、完善机制为效能和强化监督为保障的权力扩张的规制路径。以期应对突发公共卫生事件"紧迫性、公益性"与"权力过度扩张侵益性"冲突的解决。

The prevention and control of the new coronavirus epidemic requires the expansion of powers.Measures such as lockdown of the city,home epidemic prevention,suspension of production and business,etc.,protect the lives and health of the people and maintain public order and stability.The expansion of power in such incidents is necessary and inevitable.However,to some extent,the property rights,privacy rights and other rights are reduced.Combining with examples of the prevention and control of the new coronavirus,construct a regulatory path for the expansion of power with the prerequisite of law-based epidemic prevention,the people’s supremacy as the prerequisite,the improvement of mechanisms for efficiency,and the strengthening of supervision as the guarantee,to solve the"urgency and public welfare"and"excessive power expansion and aggressive"conflict.