The prevention and treatment of infectious diseases have always relied on the use of public power，especially in the emergency of epidemic outbreak. The challenge to legislation is to find a balance between granting the necessary power to government and maintaining the reflection on such power. In the prevention and control of COVID-19，the power and duty of government appointed by law seemed insufficient in terms of the monitoring of new infectious diseases，the immediate control before being included in the legal management，etc. It also lacks norms of the administrative procedures for the inclusion of new infectious diseases into the legal management. Besides，after the outbreak of the epidemic，there are also many shortages worthy of reflection，such as ensuring the smooth and standardized switch between the normal and abnormal legal systems，defining the basic conditions，scope and procedural requirements for major control measures，etc.. In order to enhance rule of law in the prevention and control of infectious diseases，measures shall be taken in the future amendment of Law on the Prevention and Treatment of Infectious Diseases. It is necessary to first further improve the monitoring and reporting system of new infectious diseases，secondly further standardize the control measures of emergency response and social activities as well as the procedures of defining the types of infectious diseases，thirdly further clarify the relationship between the two laws on the control of infectious diseases，and lastly further standardize the declaration of infected regions and restrictions on cross regional travel.