Abstract: Currently China has already achieved major strategic results in the fight against COVID-19 pandemic. Meanwhile, it should summarize the experiences gained and lessons learnt in the fight against the pandemic and strengthen the weak points in the legal system of emergency response, so as to fully prepare itself for the normalized prevention and control of the pandemic in the future. The main weak points in the current legal system include: first, the lack of coordination and connection between the prevention and control work of government departments at different levels and in different regions; second, the irregular exercise and overstepping of emergency power by some local government departments at the early stage of pandemic; third, the phenomenon of “simple and crude”, even “violent” and “aggressive” law enforcement in some localities; fourth, the lack of linkage between some laws and policies, the imperfect of some procedures and mechanism and the low precision of the work of law-based prevention and control of pandemic. To strengthen these weak points, China should, firstly, speed up the legislation on the state of emergency and develop a sound legal system of emergency response; secondly, revise the Law on the Prevention and Control of Infectious Diseases and the Measures for the Administration of Emergency Response Plans, so as to further improve the legal system of public health emergency response and strengthen the emergency response capacity and institutional safeguard at the grassroots level; thirdly, carry out studies on the legislation on expropriation and acquisition during a state of emergency and establishment a reasonable compensation system; and fourthly, speed up the adoption or revision of relevant laws and administrative regulations, including the Bio-security Law and the Law on the Protection of Wildlife. Meanwhile, China should summarize the experiences gained and lessons learnt in the prevention and control of the COVID-19 pandemic and timely incorporate them into the legislation at the central and local level.

Keywords: prevention and control of pandemic; ruling the country by law; legal system of emergency response

The author of this article is a research fellow at CASS Institute of International Law. This article is published in People's Tribune in September 2020.