Revista Eletrônica de Direito do Centro Universitário Newton Paiva

YIFEI CHEN | MINGHSUN YANG

ABSTRACT: Since the reform and opening up, especially after SARS, China has accelerated its construction of legal system for the prevention and control of epidemic diseases, and has initially formed a legal system for the prevention and control of epidemic diseases with the Law of the people’s Republic of China on the Prevention and Control of Infectious Diseases, the Law of the people’s Republic of China on Emergency Response, and the Emergency Regulations for Public Health Emergencies as the core. However, the spread of COVID-19 in 2020 made a new challenge to the current national legal system for the prevention and control of epidemic diseases. China should adhere to the concept of overall national security, redefine and classify the epidemic situation scientifically, clarify its connotation and extension, at the same time China should change the concept of prevention and control based on abnormal state, and replace it with a regular, systematic and whole process comprehensive management method. Guided by problems and objectives, China should fully understand the shortcomings of the existing legal system for the prevention and control of the epidemic situation, pay close attention to mending the shortcomings, plugging loopholes, bolster weak spots, speed up the improvement of the legal system for the prevention and control of the epidemic situation, in order to build a sound national public health emergency management system and mechanism.

Palavras-chaves: epidemic prevention; emergency management; public health events; governing the country according to law.

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