Since late January 2020, in the face of domestic arduous anti epidemic Resistance War, overall epidemic prevention and control, resumption of production, and the crisis of rapid spread of global epidemic, Peking University law experts have been continuously researching and submitting or publishing the latest research results through various platforms.
Acting as an expert in think tank, and directly giving advice to the relevant departments of the state. Prof. Sun Dongdong was invited to join the expert group on novel coronavirus pneumonia prevention and control in Beijing and China, to take the professional advantage to formulate epidemic prevention and control plan. He also submitted a proposal report to the Beijing Committee of Chinese Peasants and Workers Democratic Party and the National Committee of the Chinese People’s Political Consultative Conference. Prof. Shen Kui, an administrative law expert, served as a counsel to the Beijing Xicheng District People’s Government, and submitted the think-tank report on epidemic prevention and control. Prof. Che Hao, a criminal law expert, was invited to attend the expert symposium organized by the National Health Commission of the People’s Republic of China to provide expert advice, etc.
Submitting the think-tank reports to relevant departments through Peking University Think Tank New. PKU collected think-tank reports in various fields through Peking University Think Tank News: Special Issue on Fighting against Coronavirus Pneumonia, on which law experts have contributed over 40 papers, with the largest number of contributions in the university.
Prof. Sun Dongdong, a health law expert, contributed more than 10 articles based on the periodic issues in the national and Beijing anti-epidemic progress, covering several important areas: improving the national capacity to deal with major public health and safety emergencies, judgment on the development trend of the epidemic and suggestions for prevention and control, joint prevention and control in Beijing, Tianjin and Hebei, preventing the flow of overseas epidemic, and international discourse power in the field of global public health and safety, promoting hierarchical diagnosis and treatment system, reform of the title system of clinical medical personnel, drug-supply-side reform, national comprehensive poverty alleviation work, advanced prevention of systemic risks caused by new formats, industry of AI virus monitoring and early warning system, college entrance examination plan for epidemic prevention and control, etc.
Many teachers, such as Shen Kui, Jin Jinping, Xue Jun, Chen Ruoying, Guo Yu, Chen Yifeng, Jiang Daxing, Xiao Jiangping, Gan Chaoying, Zhang Qianfan, He Qisheng, Che Hao, Wang Shizhou, Wang Xin, Lou Jianbo, Chen Minghui, made suggestions and on many important issues such as information release on the prevention and control of infectious diseases, allocation of rescue material, the government's urgent expropriation, the criminal law response to emergencies, the legal regulation of charity activities in emergencies, the protection of medical staff and truck drivers and other special groups in the fight against the epidemic. China's fight against the epidemic as an integral part of the global fight against the epidemic, the import and export of foreign trade and international transportation under the epidemic, organizing commercial charter flights to evacuate overseas students, social governance at the grass-roots level, college students returning to Beijing in batches, the regulation of the market, the recovery of national production, the impact of the epidemic on food security and its countermeasures, and the impact of the epidemic on the overall poverty alleviation.
Effectively use the new media platform to release the latest research results on epidemic prevention and control, resumption of work and production to the public. Since late January, Peking University law experts have actively used the new media to release countermeasures and suggestions to the society in a timely and extensive manner, giving out Peking University's voice. As of early April, more than 30 articles have been published.
Prof. Jin Jinping, an expert in charity law, issued 9 articles: “In Response to the Epidemic, Private Rescue should be the Main Way of International Rescue”, “The Pain of Emergency Logistics, Reflecting the Embarrassment of Top-Level Design of Emergency Management System”, “How to Understand Audit Institutions’ Audit of Social Donation Funds", “Proposal on calling for treating truck drivers Who Deliver Donated Materials Well and Ensuring the Transportation Capacity of Materials”, “In Major Public Health Emergencies, the Change and Changelessness of Charity Organizations”, “What Else should Charity Organizations Provide besides Masks”, “How to Interpret the Social Donation Collection Policy of the Ministry of Civil Affairs”, “Will Donations Bypassing the Red Cross Society be Investigated？Misreading.” and “How to Understand the Donation of 2.7 Billion Yuan from Wuhan Charity Federation Turned Over to Public Finance”, in which the proposal to treat truck drivers kindly was paid attention by commentators of “Xinhua Daily Telegraph”.
Prof. Xue Jun, an expert in e-commerce law, issued 7 articles: “How to Help Overseas Chinese Citizens during the epidemic", "Fight against the epidemic, but must not Ignore the Problem of ‘Drug Interruption’ Faced by Patients with other Diseases", "E-Commerce Enterprises Actively Take Social Responsibility at the Critical Moment of Fighting against the epidemic", "It is suggested that the government urgently authorizes e-commerce logistics enterprises such as Alibaba, JD and SF Holding to engage in Disaster Relief Work”, “Control the Flow of Personnel, but do not Cut off the E-Commerce Logistics Channel", "Call on the Wuhan Government to Expropriate a Large Number of Buildings and Offices for Effective Medical Isolation" and "At Present, We must Protect Our Medical Staff". Among them, two articles calling for the protection of medical staff and attention to the problem of "drug interruption" of other patients were forwarded in full text by “the newspaper for China’s physicians”, a newspaper of Chinese Medical Doctor Association.
Prof. Shen Kui, an administrative law expert, published five articles: "Seeking the Balance between Epidemic Prevention and Control and Personal Information Protection", "Treating Everyone's Basic Rights Well under the Epidemic", "Law Revision Issues Caused by Dali's ‘Expropriation’ of Masks", "Legal Protection of Information Space for Prevention and Control of Infectious Diseases" and "Legal Review of Information Release for Prevention and Control of Infectious Diseases". Prof. Wang Xixin, an administrative law expert, issued "The Bottom Line of the Rule of Law must be Kept for Emergency Response Measures", "The Inaccurate Legal Title of ‘Wartime Control’ in Zhangwan, Shiyan", "introducing information competition mechanism and Promoting the Publicity of Epidemic Information". Prof. Che Hao, a criminal law expert, issued "The Place, Object and Method of Epidemic Isolation" and "Crime Observation During Epidemic (Divided into Three Series)".
In addition, Prof. Wang Xin, a criminal law expert, issued "the Development of Criminal Justice Concept in Dealing with Cases of Resistance to Epidemic Prevention and Control", Prof. Ge Yunsong, a civil and commercial law expert, issued "The Restriction of the Ministry of Civil Affairs on the Money and Materials Raised by Charity Organizations should be Revoked", Prof. Chen Ruoying, a commercial law expert, issued "Suggestions on Introducing Enterprise Outsourcing to Solve the Shortage of Epidemic Prevention Materials", Prof. Wang Lei, a constitutional expert, issued "Epidemic Prevention Misused ‘Expropriate’ and ‘Transfer’ and Recommend the NPC to Review the Relevant Legislation", and Prof. Xiao Jiangping, an economic law expert, issued "Smooth Logistics and Reasonable Law Enforcement are the Key to the Current Supply and Price Stability of the Epidemic ". Peking University law experts are working hard, writing and publishing more think-tank works.
Facing the unprecedented "anti-epidemic", it is urgent for medical science, other natural sciences and social sciences to continue to conduct in-depth research. Through the academic journal platform, Peking University law scholars published academic papers on epidemic prevention and control, resumption of work and production, and continued to practice the school's call that "no suspension of research".
Prof. Zhang Shouwen, an economic law expert, published "Epidemic Prevention and Control: Analysis and Response of Economic Law" in the 4th issue of Political Science and Law in 2020. This paper discusses the application of "two failures" theory, risk theory, information theory and value theory of economic law is helpful to analyze the causes of epidemic and its prevention, clarify the necessity, important path and value guidance of epidemic prevention and control, so as to pertinently cope from the system level. The prevention and control of epidemic situation needs the extensive application of macro-control law and market regulation law, and the important development concept and rule of law concept should be run through, so as to form the system of "treating epidemic according to law". Based on the principle of "people-oriented", it is helpful to prevent the outbreak and spread of epidemic, reduce the occurrence of public health crisis and the huge damage to society and economy, so as to promote the sound operation and coordinated development of economy and society on the premise of ensuring the life and health of the public.
In the 3rd issue of Law Science in 2020, Prof. Che Hao, a criminal law expert, published "the accuracy of criminal policy: reaching the application of Criminal Law through Criminology, Focusing on the Criminal Law Response to Epidemic Crimes". This paper discusses that the judicial activities during the epidemic were carried out under the guidance of the criminal policy that responding to the current situation, which provided an excellent sample for observing the operation logic of China's criminal policy, as well as a theoretical opportunity to re-understand the relationship between criminal policy and Criminology and the application of criminal law. Focusing on the criminal law response to epidemic crimes, this paper discusses the ways to realize the precision of criminal policy of “temper justice with mercy”, focusing on the criminal causes and legal dogmatics of the crime of making up and spreading false information, the crime of obstructing state personnel from discharging their duties, the crime of fraud and the crime of obstructing the prevention and control of infectious diseases.
In addition, Prof. Chen Yongsheng, a procedural law expert, published “Analysis of the Legitimacy of the Remote Trial of Guilty-plea Cases during the Period of Fighting against the Epidemic Situation, Taking the Remote Trial of Zhang Zheng's Fraud Case by Gangzha District Court as an Example” in the 7th issue of People's Judicature in 2020. Prof. Wang Xixin, a constitution and administrative law expert, published “Obstacles to the Information Release of Infectious Diseases and How to Overcome Them” in the 3rd issue of Law Science in 2020. Prof. Jin Jinping, an expert in charity law, published "Special Norms and Action Characteristics of Charity Organizations in Response to Epidemic" in the 2nd issue of Academia Bimestrie in 2020.
Without suspension of research, Peking University law scholars act as government counsel, submit think-tank reports and issue in new media, giving out the voice of PKU law science. They also publish papers in academic journals, contributing the wisdom of PKU scholars to the government and society, taking the academic and social responsibilities of PKU Scholars.
Translated by: Tian Lian
Edited by: Jiang Lu