突发公共卫生事件行政应急法治完善之维--兼论《中华人民共和国传染病防治法》的修订

The Maintenance of Improving the Rule of Law in Administrative Emergency of Public Health Emergencies--Study on Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases

突发公共卫生事件行政应急处置既要符合行政法治的一般要求,又应满足应急法治的特殊需求。《中华人民共和国传染病防治法》作为公共卫生领域的重要法律规范,积极回应社会关切进行了修订。围绕修订草案征求意见稿,立足促进突发公共卫生事件行政应急处置依法高效开展,还需从以下几个方面完善相关实体性和程序性规定:加强权力规制,完善行政应急处置法益保护;推动群防群控,提升行政应急处置基层实力;促进专业协同,引导行政应急决策科学高效。

The administrative emergency response to public health emergencies should not only meet the general requirements of administrative rule of law,but also meet the special needs of emergency rule of law.As an important legal norm in the field of public health,Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases has been revised in response to social concerns.Around the revised draft for comments,based on promoting the efficient implementation of administrative emergency response to public health emergencies in accordance with the law,it is also necessary to further improve the relevant substantive and procedural provisions from the aspects of strengthening power regulation to improve the protection of legal interests of administrative emergency response,promoting group prevention and group control to improve administrative emergency response strength at the grass-roots level,and promoting the professional cooperative guidance in scientific and efficient administrative emergency decision-making.