公共卫生应急管理法治体系的优化

每一次重大公共卫生事件的爆发都会引起人们对于公共卫生应急管理法治体系的思考。在新冠疫情防控实践中,我国公共卫生应急管理法治体系为依法防控提供重要保障,但同时也暴露出部分问题,如法律规范存在冲突式缺陷,公共卫生应急管理法短缺,常态化防控法律法规缺失,法律修改和实施机制不健全等。在科学防疫与法治助力的良性互动中,部分凸显问题已经或正在得到弥补和修正,公共卫生应急管理法治体系不断完善。但与以往疫情相比,新冠疫情呈现出高复杂性、长期性、未知性等新特点,既有的法治治理模式不足以应对,必须构建更为强大的公共卫生应急管理法治体系。以习近平法治思想为指导,坚持和加强党的领导,丰富和发展公共卫生应急管理法治体系的内涵,强化紧急时期和疫情常态化阶段法治建设,构建完善的法律修改和执行机制,进一步全面优化我国公共卫生应急管理法治体系。

On Optimizing the Rule of Law of Public Health Emergency Management

Every outbreak of major public health events will lead people to think about the public health emergency management system. In the practice of COVID-19’s prevention and control, the rule of law system of public health emergency management in China provides an important legal guarantee for the prevention and control according to law, but it also exposes some problems at the same time, such as the conflicts between different laws, the shortage of public health emergency management law, the lack of regular epidemic prevention and control law and the imperfection of the mechanism of law amendment and implementation. In the benign interaction between scientific epidemic prevention and legal guarantee, the most prominent problems are being revised and made up. But compared with the past epidemic situation, COVID-19 showed new features such as high complexity, long-term nature and unknown nature. The existing rule of law governance mode is not enough to cope with, and a more powerful legal system for public health emergency management is necessary. Guided by Xi Jinping Thought on the rule of Law, adhere to the party’s leadership, we should enrich and develop the connotation of the rule of law system for public health emergency management, strengthen the construction of the rule of law in the emergency period and regular epidemic prevention and control, build a perfect legal amendment and implementation mechanism, and further comprehensively optimize the rule of law system of public health emergency management in China.