Comments on the revision of the Law of the People's Republic of China on prevention and control of infectious disease guided by the spirit of the Constitution of the People's Republic of China
GUIDE INTERPRETATION|Updated:2024-02-05
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Comments on the revision of the Law of the People's Republic of China on prevention and control of infectious disease guided by the spirit of the Constitution of the People's Republic of China
Hu Xiaoxiang.Comments on the revision of the Law of the People's Republic of China on prevention and control of infectious disease guided by the spirit of the Constitution of the People's Republic of China[J].Sterile Supply,2023,02(04):164-172.
DOI:
Hu Xiaoxiang.Comments on the revision of the Law of the People's Republic of China on prevention and control of infectious disease guided by the spirit of the Constitution of the People's Republic of China[J].Sterile Supply,2023,02(04):164-172. DOI: 10.11910/j.issn.2791-2043.2023.4.01.
Comments on the revision of the Law of the People's Republic of China on prevention and control of infectious disease guided by the spirit of the Constitution of the People's Republic of China
The ,Revised Draft of the Law of the PRC on the Prevention and Treatment of Infectious Diseases, (hereinafter referred to as "the ,Revised Draft,") was submitted to the Sixth Meeting of the Standing Committee of the Fourteenth National People's Congress for consideration. The ,Revised Draft, is hierarchical, clear, comprehensible, and operational, considered to be a high-quality exposure draft. However, some content of the ,Revised Draft, remains arguable. Many of these are related to the infected premise and the infected area. Since the COVID-19 epidemic occurred, there have been several issues such as who and how to raise "comments for the designation of infected premise and infected area" by disease control and prevention institutions (see Article 59 of the ,Revised Draft,), who and how to proceed with the designation of infected premise and infected area after the comments are made; how to announce to the public about the infected area designated by the government, how to proceed the designation comments, and how to apportion liability for malpractice; differences and similarities in the relationship between infected premises, infected areas, quarantine and lockdown measures, and the zoning, grading, and precision prevention and control strategy. These issues involve the regulation of key aspects, the protection of the civil rights provisions of the ,Constitution, and the implementation of the spirit of the, Constitution,. The relevant content is unclear and lacks detailed formulation, especially the insufficient operational authorization and unclear responsibilities of the public power functions. The section on "Legal Responsibility" is missing, and there is no timely proposal for the designation of the infected premise and infected area. The liability distribution for mishandling is not sufficiently standardized. The demands for livelihood and medical care resulting from administrative actions and prevention and control measures shall be recognized as governmental acts of relief and shall be free of charge. In addition, administrative compensation shall be provided for the loss of income as a result of prevention and control measures. The disclosure of information on individuals infected with HIV and patients with AIDS to their legal spouses by the organizations is not prohibited. Besides, it is not advisable to indiscriminately include all hand-foot-mouth disease (HFMD) cases in the List of Category C Infectious Diseases. Article 111 of the ,Constitution of the People's Republic of China, shall be fully implemented. The relevant laws and regulations shall be revised in a centralized and orderly manner.
关键词
Keywords
Revised draft of the Law of the PRC on the Prevention and Treatment of Infectious DiseasesConstitution of the People's Republic of ChinaComments and proposals
references
http://www.npc.gov.cn/flcaw/. Login date: December 6http://www.npc.gov.cn/flcaw/.Logindate:December6, 2023.
QIAO Ru, HU Xiaoxiang. Practical Dilemmas and Institutional Improvement of Voidable Marriage: Centered on Article 1053 of the Civil Code of the People’s Republic of China. Social Scientist, 2022:(2):140-141.