Study On The Implementation Of Administrative Emergency Power In Public Health Emergencies

2020 has been an extraordinary year,with the COVID-19 pandemic sweeping the world.China has made huge sacrifices in the fight against the epidemic,and this strategic victory has not come easily.In practice,many administrative emergency measures have achieved good results,but they also fall into the situation that is about to break through or has already broken the bottom line of the rule of law because of being too "hard-core".It is understandable that special measures should be adopted in special times.In such a pandemic,it is acceptable for the public to sacrifice some of their freedom.However,this particularity does not mean that administrative emergency power can expand unlimitedly,which means in the face of public health emergencies,administrative emergency power should still be governed by the rule of law.The author points out that there is a consensus that administrative emergency power should follow the boundary of the rule of law.From the basic point of view of balance theory,the normative structure of administrative law should be composed of hard law and soft law,which refer to mandatory norm and non-mandatory norm respectively.According to the official white paper,the author chose the epidemic prevention and control practices between December 27,2019 and April 28,2020 as the research object of this paper.Case analysis and comparative study are taken.These cases correspond to expropriation,isolation and information collection of administrative emergency measures respectively.Finally,based on the above analysis conclusions,the author puts forward countermeasures and suggestions to improve the implementation of administrative emergency power.To be specific,during the process of COVID-19 epidemic prevention and control,due to the imperfection of the hard law system and the lack of legal concepts of relevant subjects,there are the following problems in the implementation of administrative emergency power: the actual behavior of the administrative subject exceeds the statutory authority;The administrative subject fails to fully fulfill its statutory obligations;The administrative emergency measure infringes the legal rights of the counterpart;Administrative emergency measures are unnecessary and unreasonable.In order to perfect the legal system from the perspective of hard law,we should introduce supporting policies,formulate implementation rules and establish a systematic emergency legal system.In order to perfect the rule of law from the perspective of soft law,we should formulate self-regulatory norms for the power subjects and continuously improve citizens’ legal literacy in practice.