行政强制隔离制度  

A Brief Discussion to Administrative Compulsory Isolation

作　　者：方立新[1] 邵亚萍[2] 

机构地区：[1]浙江大学法律系,浙江杭州310028 [2]浙江大学城市学院法学系,浙江杭州310015

出　　处：《浙江大学学报（人文社会科学版）》2006年第4期66-74,共9页Journal of Zhejiang University:Humanities and Social Sciences

基　　金："法制研究"资助项目(203103-T20601)

摘　　要：强制隔离是传染病防治工作中一种常见的医学性行政强制措施,其实施直接影响着行政相对人的人身权和财产权,应该受到法律的严格规制。现行法律对行政强制隔离的规范与机制设置尚有缺陷。透过对既有层面规则体系的梳理和辨析,基于自由与安全的价值考量,依据利益平衡、规范严密、程序周到的原则,对完善行政强制隔离制度提出构想。Administrative compulsory isolation is a regular medical treatment of administrative compulsion in fighting against contagious diseases, known as an authorized compulsion of the movement of certain objects till the cure of the disease or elimination of the danger of infection. The performer is authorized to execute compulsorily in case of escape of the applicable object, and he should also respond to the related duty in law. Compulsory isolation aims at eliminating the hidden threat to health and security of the public and maintaining the order of social life with the help of governmental authority. Compulsory isolation is usually applied in medical affairs for controlling vast infection of contagious diseases, for the purpose of controlling the infected object in a certain range as quickly as possible to control and elimination of the epidemic. It is also compounded with other ways like isolation treatment, isolation test and isolation quarantine for the purpose of eliminating the infection from the origin, just as what the isolation was enacted for. As isolation refers to the restriction of people＇ rights on both the person and property, it is required to be enacted and executed under consideration on the contradiction of social profit and value, in order to achieve a harmonious balance and relationship between country and the society, public profit and personal profit, the individual and the collective, etc. We find that the compulsory isolation is a necessary way to maintain public security as well as a means of protection executed directly by the government to relieve public threats and protect personal rights and health. It should be enacted on the basis of respecting and protecting human rights, even in emergencies. Additionally, social cost should also be considered. Accordingly, the government may submit necessary social cost on the one hand, and intensify the legislation, standardize the execution of compulsory isolation and promote the public conscious of peace keeping on the other, for the pur

关 键 词：医学隔离 行政强制 公共安全 人权保障 

分 类 号：D922.16[政治法律—宪法学与行政法学]