Abstract
Development of measures for mitigating public emerging infectious diseases is now a focal point for emergency management legal systems. COVID-19 prevention and containment policies can be considered under the core goal of social and individual interests. In this study we analyzed the complexity between individual and public interests as they conflict when implementing disease preventative measures on an epidemic scale. The analysis was used to explore this complex landscape of conflicting social, public, and legal interests to quantify the potential benefits of public acceptance. Here we use the large-scale COVID-19 epidemic backdrop to examine legal norms of the emergency management legal framework. We find that the implementation of emergency management legal system measures involves the resolution of both direct and indirect conflicts of interest among public groups, individual groups, and various subsets of each. When competing interests are not balanced, optimal policies cannot be achieved to serve and safeguard shared social and community stability, whereas effective social outcomes are obtainable through the development of targeted policies as defined within the emergency management legal system. A balanced legal framework in regards to emergency management legal norms can more effectively serve to mitigate and prevent the continued spread of emerging infectious diseases. Further developing innovative procedural mechanisms as a means to ensure emergency response intervention should take into account the weighted interest of the different social parties to determine priorities and aims to protect legitimate public interests.
Highlights
The emergency management legal system for public emerging infectious disease prevention plays an important role, in the fight against the coronavirus disease 2019 (COVID-19) pandemic, as it relates to legal issues directed at public emerging infectious disease prevention
The Paramount Goals of Emergency Management Legal Systems in Safeguarding Shared Social Community Interests. Scholars such as Fu et al assume that in a modern society functioning under the rule of law, to prevent major emergencies from causing enormous impacts on people’s lives and resulting in complete civil disorder, administrative emergency powers and formal emergency laws must be used to change all forms of social relations when dealing with such emergencies, thereby ensuring that the harm caused by them is efficiently regulated or removed; that normal development, daily life, and legal order are restored; and that the legitimate rights of the public are protected [1]
Many hidden conflicts of interest may be involved in the prevention and treatment of public emerging infectious diseases, with such conflicts of interest themselves mainly consisting of two types: conflicts between individual interest and public interests and conflicts between the interests of various other parties
Summary
Many hidden conflicts of interest may be involved in the prevention and treatment of public emerging infectious diseases, with such conflicts of interest themselves mainly consisting of two types: conflicts between individual interest and public interests and conflicts between the interests of various other parties. Since the main task of an emergency management legal system is to safeguard public interests, these two types of implicit conflicts of interest have become important issues that require coordination and resolution under the law
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