“隔離”侵犯了人們的自由權嗎？——對中國大陸有關“隔離”法律制度的倫理思考

Does Quarantine Limit People's Freedom? An Ethical Reflection on the Quarantine Law of Mainland China

Abstract

LANGUAGE NOTE | Document text in Chinese; abstract also in English.

跳出事件觀察事件，可能更有利於對事件準確地分析、認清。在人類已經基本控制住SARS 流行的今天，俯瞰中國大陸對SARS的防控過程，可能會更加理性。本文僅從有關“隔離”法律規定對“自由限制”的視角，展開討論。

Investigating an issue from outside will help to analyze and identify it. Nowadays, we can control the spread of SARS and understand it in a more reasonable way through the overview of the prevention and cure of SARS in Mainland China.

In the process of controlling and curing the new infectious disease, SARS, Mainland China’s government made a new law which was very successful, but its enaction and enforcement caused many problems which should be reflected upon, such as the rule of quarantine.

To quarantine means to segregate people with infectious diseases. It is a good way to protect the uninfected people. It helps to control the spread of SARS. However, at the same time it limits people’s freedom. On one side, it is necessary for the government to segregate people with infectious diseases, but on the other side, the government needs to consider the limitations of freedom caused by the new law. This paper will discuss whether the people’s freedom will be limited by the rule of quarantine in Mainland China.

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