非典危机与突发公共卫生事件应急法律制度

“急事”呼唤“急法”,国务院《突发公共卫生事件应急条例》的紧急出台是因非典危机而起。本文通过研究这部非常时期的非常立法的背景、目的、指导思想和主要内容,论述了我国建立应急法律制度的现实价值与深远意义。特别强调,非典既是一种呼吸综合症,它所引发的更是一种社会综合症,法律正是通过对社会病的疗治而对付自然病;有了急事,就要有急的意识、急的行为、急的规范,就要依法应急。

SARS Crisis and the Emergency Legal Institution for the Contingent Event of Public Health

“Emergency” calls for “emergent law”.The Emergency Regulation for Contingent Event of Public Health promulgated by the state council was made as a result of the SARS crisis.The thesis,while studying the specific social background,goal,guiding ideology and the chief content when the specific regulation was made,at the specific time,ar- gues about the value and profound significance of making emergency law in China.It is particularly observed that SARS is actually a respiratory syndrome which simultaneously cause a sort of social syndrome especially for which the timely- made law is made.The emergent sense,action and regulation shall be always ready for emergency event,which means dealing with emergency event by means of law.