傳染病防控中的隔離措施

傳染病防治法上規定對傳染病患者、病原攜帶者、疑似患者及其密切接觸者等採取隔離措施，目的在於阻絕傳染病蔓延擴散。此種措施的實效為自古至今的重大疫情及其防治結果所證明，但亦引發了個人權利與公眾健康所體現的公共利益之間的抵牾。在實務操作中，有關隔離的種類繁蕪，操作不當可能造成不必要的混亂。有必要從分類、主體、程式、救濟等層面加以完善，從而使個人權利和公共利益達致平衡。隔離措施的體系化以適用物件不同而展開，同時更需要對其從憲法、組織法、程式法等視角予以探討，從而凸顯政府介入風險社會之時始終注重個人權利維護的理念。

The control of communicable diseases law stipulates that quarantine measures should be taken for patients with infectious diseases, pathogen carriers, suspected patients and their close contacts, so as to stop the spread of infectious diseases. The effectiveness of such measures has been proved by the major epidemic situation and its control results since ancient times, but it has also triggered the conflict between the public interests and individual rights. In practical operation, there are many kinds of isolation and improper operation may cause unnecessary confusion. It is then necessary to improve from the aspects of classification, subject, procedure, relief and so on, so as to balance individual rights and public interests. The systematization of quarantine measures is carried out with different objects of application. At the same time, it needs to be explored from the perspectives of constitutional law, organization law and procedural law, so as to highlight the principle that the government always pays attention to the protection of individual rights when intervening in risk society.