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2003年春夏之际,一场始料不及的瘟疫——“非典型性肺炎”席卷了我国大江南北。通过各级政府和全社会公民的良性互动,目前疫情已经得到了阶段性的控制。回首抗击“非典”的日日夜夜,少数人借“非典”之机大发不义之财;而更多的公民则为了控制疫情积极配合政府采取的应对措施。有法可依,依法办事,切实保障每一位公民的基本权利,这是法治国家政府在防治严重传染病过程中面临的重要问题。这场瘟疫不仅考验了科学,而且也考验着政府的应急能力及其法律是否完善。在我国缺乏《紧急状态法》的前提下,政府为了应对突发性公共卫生事件而采取了(包括“隔离”等限制公民人身自由在内的)一系列行政强制措施。政府行政权力的底线是尊重和保障人权,而不能随意压制公民、法人和其它组织的私权利。“塞翁失马,焉知非福。”尽早出台《传染病隔离法》等相关法律,从立法和执法中寻求公权力和私权利之间的动态平衡未尝不是抗击“非典”给我们带来的启示。
Spring and summer of 2003, an unexpected plague - “atypical pneumonia” swept across our country. Through the benign interaction between the government at all levels and all citizens in the society, the outbreak has now been phased in. Looking back on the day and night fighting against “SARS”, a few people have taken advantage of the “SARS” policy to send large amounts of ill-gotten gains. More citizens actively cooperate with the government in response to the outbreak. There are laws to follow and act in accordance with the law to effectively safeguard the basic rights of every citizen. This is an important issue for the government of the country under the rule of law in the prevention and treatment of serious infectious diseases. The plague not only tested science, but also tested the government’s emergency response capabilities and laws. In the absence of the “State of Emergency Law” in our country, the government has taken a series of administrative coercive measures (including restrictions on the personal freedom of citizens, such as “separation”) in response to unexpected public health incidents. The bottom line of government administration power is to respect and safeguard human rights, but not to suppress the private rights of citizens, legal persons and other organizations. “It is not a blessing to bury the blessing of the blessing of the invaders.” The promulgation of the “Law on Isolation of Infectious Diseases” and other relevant laws as soon as possible, and the search for a dynamic balance between public power and private rights from the legislative and law enforcement purposes are not no enlightenment for us to fight SARS.