Public health legislation was one of the top priorities in 2020 for the National People's Congress (NPC) and its Standing Committee amid the nationwide fight against the novel coronavirus disease (COVID-19). 

President Xi Jinping, also general secretary of the Communist Party of China Central Committee, gave instruction on multiple occasions on the speeding up of the establishment of a public health law and regulation system to better protect people's health.

Putting people's lives, health and safety first, the NPC and its Standing Committee took swift actions to enact and amend laws in an effort to provide legal guidance for the nation's fight against the epidemic. 

Li Zhanshu, chairman of the NPC Standing Committee, stressed on various occasions that the NPC should play a leading role in legislative work and build a comprehensive law framework for the prevention and control of major public health risks.

Facing the challenge posed by COVID-19, the NPC Standing Committee, China's top legislature, focused on public health legislation and took step by step actions. As a result, the public health legal system gradually improved in 2020. The NPC Standing Committee formulated and revised five laws, including a new Biosecurity Law, which was adopted in October 2020. 

In addition, a draft revision to the Animal Epidemic Prevention Law and the amendment of the Wildlife Protection Law were deliberated. By the end of 2021, the NPC and its Standing Committee will have completed the formulation and revision of 17 laws relating to public health.

Clear plans

The 17th Session of the 13th NPC Standing Committee, held in Beijing on April 26-29, 2020, deliberated and passed a report on strengthening the work of public health legal protection legislation and revision submitted by the NPC Standing Committee's Legislative Affairs Commission. The report made clear the timetable and roadmap for the construction of a public health legal system, outlining "the legislative blueprint" for the public health sector. It marked the first time for the NPC Standing Committee to listen to the whole legislation process of a specialized field, namely the public health.

The report noted that the epidemic has exposed several loopholes concerning public health legislation. Some laws and regulations are even contradictory, making revision necessary and also leaving room for improvement. Thus, a special work plan must be created to guide and promote the legislative revisions so as to actively respond to social concerns.

The report specifically stated that the NPC Standing Committee will formulate or revise more than 30 laws, covering areas such as epidemic prevention and control, biosecurity, emergency management and medical security.

It also said that the principle of the legislative work is giving top priority to people's lives and health. The work should be based on national conditions and reality, while each step must be carefully and systematically planned and carried out. In addition, the work as a whole should be long-term oriented and target fundamental problems.

On biosecurity

One of the important parts of the work plan was the passing of the Biosecurity Law. The law underwent three deliberations in March, April and October 2020, stipulating that biosecurity is a key component of national security and therefore, a holistic approach to national security should be adopted.

The law provides for the establishment of 11 basic systems for biosecurity risk prevention and control, such as risk monitoring and early warning, risk investigation and assessment, and information sharing. 

It also has provisions on the prevention of and response to specific biosecurity risks, including major emerging infectious diseases, epidemics and sudden outbreaks, along with biotechnology research, development and application. The law will go into effect on April 15, 2021, and is the first basic law in China in the field of biosecurity.

On animal epidemic prevention

Strengthening animal epidemic prevention means strengthening public health at the source. Steady progress has been made in the revision of the Animal Epidemic Prevention Law first passed in 1997. Last year, the draft amendment was put on the table for the first and second readings at regular sessions of the NPC Standing Committee. 

On January 20, a draft revision to the law was discussed by Chinese lawmakers during the 25th Session of the 13th NPC Standing Committee in Beijing. Legislators had a consensus that it was imperative to amend the law. Two days later, the draft was passed.

The revision improved animal epidemic prevention policies, the epidemic prevention accountability system, the institutional system and the regulatory system, among others. For instance, it adds harmless treatment of dead animals and diseased animal products; defines greater responsibilities for relevant businesses and government departments; and increases the provision of giving insurance, subsidies, pensions and allowances to epidemic prevention personnel.

Before drafting the revision, the NPC Agriculture and Rural Affairs Committee worked with relevant government departments to gather opinions from animal health workers, business owners and experts in the sector, as well as legislators and relevant authorities.

On wildlife protection

During the 22nd Session of the 13th NPC Standing Committee in October 2020, a draft revision to the Wildlife Protection Law was reviewed.

The law was passed in 1988 and has been revised several times. The 2020 draft revision stresses the control and protection of wild animals at different levels, as well as completely banning the consumption of wildlife and adding stronger punishment for illegal acts. It includes the investigation, monitoring and evaluation of wild animal epidemic disease and its spread.

It highlights the importance of establishing a monitoring system of wild animal epidemic sources and diseases. If wild animals are found to be infected or suspected of being infected, or may cause animal to human transmission, relevant practitioners must promptly report to the wildlife protection department, which must then notify relevant departments in time. The revised draft prohibits online trading platforms, commodity exchange markets, dining locations and others from trading, consuming or using wild animals and their products. 

Currently, the scope of wildlife protection only includes national and local key protection targets, as well as terrestrial wildlife with important ecological, scientific and social value. The draft adds protection of other terrestrial wildlife, as well as the prohibition or restriction of the capture and mass killing of these animals. 

"Other terrestrial wild animals that were previously not under legal protection are also an important part of the ecosystem," said Yang Zhaoxia, director of the Ecological Law Research Center of the Beijing Forestry University (BFU).

He used earthworms as an example. Some people use a machine to electrocute earthworms for profit, leading to the large-scale death of earthworms in some areas. Although earthworms are not included in the protection list, they have important ecological functions.

The revised draft also proposes that the country strengthen its capacity to build wildlife shelters and rescues. Shi Kun, professor at the Wildlife Institute of BFU, said that in recent years, the public is paying more attention to wild animals, leading to more spontaneous rescue attempts, which in turn has led to higher demand for shelters and rescue facilities. These facilities should be appropriately expanded in accordance with actual needs. The lack of professional and technical personnel, rescue tools, equipment and medicines should also be properly addressed.

In 2020, teams of lawmakers were sent across the country to inspect the enforcement of the Wildlife Protection Law in eight provincial-level regions. The inspection focused on such aspects as the implementation of eliminating the bad habit of eating wild animals, the practice of banning and cracking down on wildlife trade, the protection of wildlife habitats and the improvement of legal awareness among the public.

In addition to sending inspection teams, the NPC Standing Committee entrusted local people's congress standing committees in the rest of the country to inspect the enforcement of the law within their jurisdictions.

(The National People's Congress 2020 ISSUE 4)