突发公共卫生事件防控法治化:理念、问题与路径

Legalization of Prevention and Control of Public Health Emergencies:Ideas,Problems and Means

突发公共卫生事件防控法治化是推进国家治理体系和治理能力现代化必然要求。从新冠肺炎疫情防控实践来看,我国突发公共卫生事件防控暴露出法治化程度不高的缺陷,体现在公共卫生法律体系未能满足形式法治的要求、行政应急权的规制未能满足应急法治的要求、公共卫生制度设计未能满足健康法治的要求三大方面。突发公共卫生事件防控的法治化,要求坚持以人民健康为中心的公共卫生治理理念,完善公共卫生法律体系,合理配置行政应急权并规范其运行,建立动态调整机制以保证比例原则的适用,并且为权利救济提供法律途径。

The legalization of public health emergency governance is an inevitable requirement to promote the modernization of national governance system and governance capacity.From the practice of COVID-19 epidemic prevention and control,the public health emergencies in China have exposed the defects of a low degree of legalization,which is reflected in three aspects.Firstly,the public health legal system cannot meet the requirements of the rule of law in form;Secondly,the regulation of administrative emergency rights cannot meet the requirements of the rule of law in emergency response;Thirdly,the design of public health system cannot meet the requirements of the rule of law in health care.The legalization of the governance of public health emergencies requires adhering to the concept of public health governance centered on people’s health,improving the public health legal system,reasonably allocating the administrative emergency power and regulating its operation,establishing a dynamic adjustment mechanism to ensure the application of the principle of proportionality,and providing legal channels for right relief.