Is the Law on the Prevention and Control of Infectious Diseases a biosecurity related law?

The prevention and treatment of infectious diseases is a matter of laws and regulations related to biosecurity.

Legal analysis: At present, there are 39 kinds of notifiable infectious diseases in three categories according to the Law on the Prevention and Treatment of Infectious Diseases, including 2 types of Class A infectious diseases, 26 types of Class B infectious diseases, and 11 kinds of Class C infectious diseases. The state implements the principle of giving priority to prevention in the prevention and treatment of infectious diseases, combining prevention and treatment, managing them by category, relying on science and relying on the masses.

Disease prevention and control institutions at all levels are responsible for infectious disease surveillance, epidemiological investigation, epidemic reporting, and other prevention and control work.

Legal basis: Article 3 of the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases The infectious diseases provided for in this Law are divided into Category A, Category B and Category C. Class A infectious diseases refer to:

Plague, cholera. Category B infectious diseases are: infectious atypical pneumonia, AIDS, viral hepatitis, poliomyelitis, human infection with highly pathogenic avian influenza, measles, epidemic haemorrhagic fever, rabies, Japanese encephalitis, dengue fever, anthrax, bacterial and amoebic dysentery, tuberculosis, typhoid and paratyphoid, meningoccal meningitis, pertussis, diphtheria, neonatal tetanus, scarlet fever, brucellosis, gonorrhea, syphilis, leptospirosis, schistosomiasis, malaria.

Category C infectious diseases refer to: epidemic disease, mumps, rubella, acute hemorrhagic conjunctivitis, leprosy, epidemic and endemic typhus, kala-azar disease, echinococcosis, filariasis, infectious diarrheal diseases other than cholera, bacterial and amoebic dysentery, typhoid fever and paratyphoid. According to the outbreak of infectious diseases, the situation of the epidemic and the degree of harm, the administrative department of health may decide to increase, decrease or adjust the types of infectious diseases in categories B and C and make them public.

According to the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, all units and individuals within the territory of the People's Republic of China must accept it.

The Law of the People's Republic of China on the Prevention and Control of Infectious Diseases was formulated to prevent, control and eliminate the occurrence and epidemic of infectious diseases and to protect human health and public health.

Infectious diseases stipulated in the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases are divided into Categories A, B and C.

Class A infectious diseases refer to plague and cholera.

Category B infectious diseases are: infectious atypical pneumonia, AIDS, viral hepatitis, poliomyelitis, human infection with highly pathogenic avian influenza, measles, epidemic haemorrhagic fever, rabies, Japanese encephalitis, dengue fever, anthrax, bacterial and amoebic dysentery, tuberculosis, typhoid and paratyphoid, meningoccal meningitis, pertussis, diphtheria, neonatal tetanus, scarlet fever, brucellosis, gonorrhea, syphilis, leptospirosis, schistosomiasis, malaria.

Category C infectious diseases refer to: epidemic disease, mumps, rubella, acute hemorrhagic conjunctivitis, leprosy, epidemic and endemic typhus, kala-azar disease, echinococcosis, filariasis, infectious diarrheal diseases other than cholera, bacterial and amoebic dysentery, typhoid fever and paratyphoid.

Laws and Regulations

Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases

Article 4 The prevention and control measures referred to in this Law shall be adopted for infectious atypical pneumonia in Category B infectious diseases, pulmonary anthrax in cavitation anthrax, and highly pathogenic avian influenza in humans. If other Category B infectious diseases and infectious diseases of unknown cause need to take measures for the prevention and control of Class A infectious diseases referred to in this Law, the administrative department of health shall promptly report to the public for approval and implement them.

If it is necessary to lift the prevention and control measures for Class A infectious diseases taken in accordance with the provisions of the preceding paragraph, it shall be announced by the administrative department of health after being approved by the administrative department of health.

The people of provinces, autonomous regions and municipalities directly under the Central Government may, according to the circumstances, decide to manage and publish the common and frequent infectious diseases in other places within their respective administrative areas, and report them to the health administrative department for the record.

Legal Analysis: Yipei, ***, ***.

1. The Communist Party of China issued the "Notice on Strengthening the Party's Leadership and Providing a Strong Political Guarantee for Winning the War of Epidemic Prevention and Control".

2. The "Emergency Notice on Organizing the Resumption of Work and Production and Scheduling Arrangements for Key Material Production Enterprises for Epidemic Prevention and Control" (Guoban Invention Dian 2020 No. 2).

3. Notice of the Customs Tariff Commission on the Prevention and Control of Novel Coronavirus Pneumonia Epidemic Imported Materials Not Implementing Additional Tariff Measures on the United States (Tariff Commission No. 6, 2020).

2. National Development and Reform Commission.

1. Notice on Supporting and Encouraging Workers to Participate in Online Vocational Skills Training in Response to the Novel Coronavirus Pneumonia Epidemic (Fa Gai Ban Employment 2020 No. 100).

2. Notice on adopting a supportive two-part electricity price policy to reduce the cost of electricity return for enterprises during the epidemic prevention and control period (Fa Gai Ban ** 2020 No. 110).

3. Notice on doing a good job in corporate bonds during the epidemic prevention and control period (Fa Gai Ban Cai Jin 2020 No. 111).

4. Notice on Actively Responding to the Epidemic and Innovating to Do a Good Job in Bidding and Bidding to Ensure the Smooth Operation of the Economy (Fa Gai Dian 2020 No. 170).

5. Notice on giving full play to the role of the best reserves in supporting the increase in production and supply of materials in short supply in response to the epidemic (Fagai Run No. 184 2020).

Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases Article 2 The State implements the principle of giving priority to prevention in the prevention and treatment of infectious diseases, combining prevention and treatment, classified management, relying on science and relying on the masses.

Laws and regulations on the prevention and treatment of infectious diseases are formulated for the purpose of preventing, controlling and eliminating the occurrence and epidemic of infectious diseases and protecting human health and public health.

According to Article 5 of the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases, the people at all levels lead the prevention and treatment of infectious diseases. The people at or above the county level shall formulate plans for the prevention and treatment of infectious diseases and organize their implementation, and establish and improve the disease prevention and control, medical treatment, and supervision and management systems for the prevention and treatment of infectious diseases.

Where this Law does not provide for the management of food, drugs, blood, water, medical waste, and pathogenic microorganisms, as well as animal epidemic prevention and border health and quarantine, in the prevention and treatment of infectious diseases, the provisions of other relevant laws and administrative regulations shall apply.

Article 79 of the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases The provisions of other relevant laws and administrative regulations shall apply respectively to the management of food, drugs, blood, water, medical waste and pathogenic microorganisms, as well as animal epidemic prevention and border health and quarantine in the prevention and treatment of infectious diseases.

The prevention and treatment of infectious diseases covers many areas, some of which are regulated in other relevant laws. At present, the laws and administrative regulations related to the prevention and treatment of infectious diseases include the Food Sanitation Law, the Drug Administration Law, the Blood Donation Law, the Animal Epidemic Prevention Law, the Border Health and Quarantine Law, the Water Pollution Prevention and Control Law, the Urban Water Supply Regulations, the Blood Products Management Regulations, and the Medical Waste Management Regulations. In these laws and administrative regulations, some of the provisions on the prevention and treatment of infectious diseases are consistent with the provisions of the revised Law on the Prevention and Treatment of Infectious Diseases, some are inconsistent, and some are not stipulated in the revised Law on the Prevention and Treatment of Infectious Diseases.

When the provisions of the Law on the Prevention and Treatment of Infectious Diseases are consistent with the provisions of relevant laws and administrative regulations, or when there are no corresponding provisions in the Law on the Prevention and Treatment of Infectious Diseases, the application of the law will not be a problem, but when the Law on the Prevention and Treatment of Infectious Diseases is inconsistent with the corresponding provisions of other relevant laws and administrative regulations, the question arises as to which should be applied first.