Legal analysis
Public health emergencies refer to the sudden occurrence of major infectious diseases, mass unexplained diseases, major food and occupational poisoning and other events that seriously affect public health. According to the nature, harm degree and scope of public health emergencies, public health emergencies can be divided into four grades: particularly significant grade I, major grade II, major grade III and general grade IV. There are many ways to classify public health emergencies, which can be divided into diseases caused by biological pathogens, food poisoning incidents, group poisoning caused by toxic and harmful factors, poisoning death or injury, and natural disasters: natural disasters such as earthquakes, volcanic eruptions, mudslides, typhoons, floods and other sudden attacks, deaths caused by accidents, and group diseases or deaths caused by unknown reasons. According to the provisions of relevant laws and regulations, the state has established an emergency reporting system. The competent administrative department of health shall formulate emergency reporting standards and establish a major and emergency information reporting system. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government under any of the following circumstances shall, after receiving the report 1 hour, report to the administrative department of health that an outbreak or epidemic of infectious diseases has occurred or may occur; The occurrence or discovery of unexplained group diseases; Loss of strains and viruses of infectious diseases; Major food and occupational poisoning incidents have occurred or may occur. The administrative department of health shall immediately report to the State Council for emergencies that may have a significant social impact. Emergency monitoring institutions, medical and health institutions and relevant units shall report to the health administrative department of the local people's government at the county level within 2 hours if they find any of the above circumstances; The health administrative department that receives the report shall report to the people's government at the same level within 2 hours, and report to the health administrative department of the people's government at the next higher level and the health administrative department of the State Council. The people's government at the county level shall report to the municipal people's government with districts or the people's government at the next higher level within 2 hours after receiving the report; The municipal people's government with districts shall report to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government within 2 hours after receiving the report.
legal ground
Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases
Twentieth local people's governments at or above the county level shall formulate plans for the prevention and control of infectious diseases and report them to the people's government at the next higher level for the record. The plan for the prevention and control of infectious diseases shall include the following main contents: (1) the composition of the headquarters for the prevention and control of infectious diseases and the responsibilities of relevant departments; (two) infectious disease monitoring, information collection, analysis, reporting and notification system; (three) the tasks and responsibilities of disease prevention and control institutions and medical institutions in the event of an epidemic of infectious diseases; (4) Classification of outbreaks and epidemics of infectious diseases and corresponding emergency work plans; (5) prevention of infectious diseases, on-site control of epidemic spots and epidemic areas, storage and transportation of emergency facilities, equipment, rescue drugs and medical devices and other materials and technologies. The local people's governments and disease prevention and control institutions shall, after receiving the early warning of infectious diseases issued by the health administrative department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, take corresponding prevention and control measures according to the plan for the prevention and control of infectious diseases.
Thirty-first any unit or individual shall report to the nearby disease prevention and control institutions or medical institutions in a timely manner when discovering patients with infectious diseases or suspected infectious diseases.
Article 66 If the administrative department of health of the people's government at or above the county level violates the provisions of this Law and has any of the following circumstances, the administrative department of health of the people's government at the same level or the people's government at a higher level shall order it to make corrections, informed criticism; Causing the spread, epidemic or other serious consequences of infectious diseases, the responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to perform the obligation of reporting, reporting and publishing the epidemic situation of infectious diseases according to law, or concealing, falsely reporting or delaying reporting the epidemic situation of infectious diseases; (2) Failing to take preventive and control measures in time when the spread of infectious diseases occurs or may occur; (three) failing to perform the duties of supervision and inspection according to law, or failing to investigate and deal with illegal acts in time; (four) failing to investigate and deal with the reports of units and individuals who fail to perform the duties of prevention and control of infectious diseases by the health administrative departments at lower levels; (5) Other dereliction of duty or dereliction of duty in violation of this Law.