Legal Regulation and Improvement of Quarantine Measures in Major Epidemic Prevention and Control
Description
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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Additional details
References
- Chang Jian. (2020). Human rights protection in epidemic prevention and control. Academia, (2).35-49.
- Cui Li, Chen Jieren. (2003). Experts say: isolation is not an infringement of citizens' personal rights,China Youth Daily, 04-30 (2)
- Jiang Wei. (2020). Implementation and guarantee of epidemic prevention and control measures for people in major public health emergencies. Journal of Shanghai Public Security Academy, 30 (1): 42-48.
- Long Zongzhi. (2003). The legal system of isolation measures needs to be improved. Jurisprudence, (6): 35-40.
- Men Zhongjing. (2014). The constitutional status and normative basis of the principle of proportionality: the Concept of tolerance in the constitutional sense as an analytical perspective. Law Forum, 29(5): 94-102
- Mei Yang. (2020). The scope and limits of application of the principle of proportionality. Law Research. 42(2): 57-70.
- Zhang Kaijun. (2020).Criminal liability for refusal to quarantine during epidemic prevention and control. People's Court Daily, 04-09 (6).