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.