Legal Regulation and Improvement of Quarantine Measures in Major Epidemic Prevention and Control
Journal: International Journal of Arts and Social Science (Vol.5, No. 3)Publication Date: 2022-03-30
Authors : Lei Li;
Page : 14-242
Keywords : epidemic prevention and control; isolation measures; coercive measures; legal regulation;
Abstract
In order to curb the serious situation of the spread of epidemic, isolation measures are more widely applied. Isolation measures are, by nature, coercive measures to restrict the personal freedom of citizens, so their application must be in accordance with the provisions of the law. The implementation of isolation measures in the prevention and control of major epidemics has its necessity, but there are many problems in practice. The isolation measures in China's current law are characterized by mandatory means, specific purposes and objects, temporary time and medical evaluation, and there are also shortcomings such as unclear and specific specifications and lack of systematic legal provisions. For the legal regulation and improvement of isolation measures, we should adhere to the principles of legal reservation, proportionality, and the combination of regulation and discipline, clarify the legal nature and types of isolation measures, establish specific and reasonable legal norms, and improve the systematic normative system from both substantive and procedural aspects. At the same time, we should make appropriate use of criminal law to clarify the relevant crimes and improve the mechanism for handling cases of refusal of isolation, so as to protect the implementation of isolation measures
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