Legal analysis
A public **** health emergency refers to the sudden occurrence of major infectious disease outbreaks, mass unexplained diseases, major food and occupational poisoning, and other events seriously affecting the public's health that cause or are likely to cause serious damage to public health. According to the nature of the sudden public **** health incident, the degree of harm and the scope of involvement, the sudden public **** health incident can be divided into four levels, namely, especially significant level I, significant level II, larger level III and general level IV. There are various ways to categorize sudden public **** health incidents, from the cause of occurrence, usually can be divided into: diseases caused by biological pathogens, food poisoning events, group poisoning caused by contamination of toxic and hazardous factors, the emergence of poisoning deaths or hazards, natural disasters: natural disasters, such as earthquakes, volcanic eruptions, mudslides, typhoons, floods, and other sudden attacks, deaths caused by accidents, and unexplained causes of Group morbidity or mortality. According to the relevant laws and regulations the state has established an emergency reporting system for emergencies. The competent administrative department of health develops emergency reporting specifications for emergencies and establishes a reporting system for major and emergency information. There are the following circumstances of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, within one hour of receiving the report, report to the competent administrative department of health, occurs or may occur outbreaks of infectious diseases, epidemics; occurs or found that unexplained mass diseases; occurs the strain of infectious diseases, virulent species loss; occurs or may occur major food and occupational poisoning. The competent administrative department of health shall immediately report to the State Council on emergencies that may cause a major social impact. Emergency monitoring organizations, medical and health institutions and relevant units found in one of the above situations, should be reported to the competent health administrative department of the people's government at the county level where it is located within two hours; the competent health administrative department that receives the report should report it to the people's government at its own level within two hours, and at the same time to the competent health administrative department of the people's government at a higher level and to the competent health administrative department of the State Council. The people's government at the county level shall report to the people's government at the municipal level of the district or to the people's government at the next higher level within 2 hours of receiving the report; the people's government at the municipal level of the district shall report to the people's government of the province, autonomous region or municipality directly under the central government within 2 hours of receiving the report.
Legal basis
"Chinese People's **** and State Law on Prevention and Control of Infectious Diseases"
Article 20 The local people's government at or above the county level shall formulate a plan for the prevention and control of infectious diseases, and report it to the people's government at the next higher level for the record. Communicable disease prevention and control plan shall include the following main content: (a) the composition of the Command for the prevention and control of infectious diseases and the duties of the relevant departments; (b) monitoring of infectious diseases, information collection, analysis, reporting and notification system; (c) disease prevention and control agencies, medical institutions in the occurrence of infectious disease outbreaks tasks and responsibilities; (d) outbreaks of infectious diseases, epidemics of the grading of the situation, as well as the corresponding emergency work (e) prevention of infectious diseases, on-site control of infected areas, emergency facilities, equipment, treatment drugs and medical equipment, and other materials and technology reserves and call. Local people's governments and disease prevention and control agencies received the State Council health administrative department or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government issued an early warning of infectious diseases, should be in accordance with the prevention of infectious diseases, control plan, take appropriate preventive and control measures.
Article 31 Any unit or individual found patients with infectious diseases or suspected infectious diseases, shall promptly report to the nearby disease prevention and control institutions or medical institutions.
Article 66 The health administrative department of the people's government at or above the county level violates the provisions of this Law, in one of the following cases, the people's government at its own level or the health administrative department of the people's government at a higher level shall order correction and notify the people's government of the notification and criticize it; if it results in the spread of infectious diseases, epidemics, or other serious consequences, the competent person in charge of the person who is responsible for the responsibility and the other persons who are directly responsible for the responsibility, shall be given administrative sanctions in accordance with the law; and if it constitutes a crime. Criminal liability shall be investigated according to law: (a) failure to fulfill the duties of notification, reporting or publication of infectious disease outbreaks according to law, or concealment, misreporting or slow reporting of infectious disease outbreaks; (b) failure to take timely preventive and control measures in the event of the occurrence of infectious disease transmission or its possible occurrence; (c) failure to fulfill the duties of supervision and inspection according to law, or failure to investigate and handle the violations in time; (d) failure to promptly investigate and deal with the impacts of the units and individuals on the Subordinate health administrative departments do not fulfill the duties of infectious disease prevention and control of the report; (E) violation of this law of other dereliction of duty, dereliction of duty.