| Since the outbreak of the SARS epidemic,the country has attached great importance to the construction of emergency legal system in the field of public health.After more than ten years of legal practice in the country,certain results have been achieved.In recent years,the frequent epidemic of infectious diseases has brought the government’s emergency management work.New challenges.In the process of emergency management of public health emergencies,it is necessary to study the administrative emergency system.The current status of the public health emergency in our country leaves much room for future administrative emergency power legislative choices and academic research.In the event of emergencies that endanger society,in order to safeguard the interests of the social community,it is necessary to implement the concentration of state power,reduce the democratic procedures of state decision-making,and impose some necessary restrictions on civil rights and freedoms.The research on the administrative emergency system is to balance national interests and personal interests by legal means in emergencies,and to resolve disputes and conflicts arising from the state during emergencies through legal methods.The regulation of administrative emergency power is not only vital to the construction of the national emergency legal system,but also an important link in building a country under the rule of law.This article takes the new crown pneumonia epidemic as the starting point,with the administrative emergency power as the main line,and discusses the related issues of the exercise of government power in public health emergencies.This article discusses the related issues of the administrative emergency response system under public health emergencies from four parts.The first part is a general theoretical introduction to public health emergencies and administrative emergency power.First introduce the concept,types and characteristics of public health emergencies,and then introduce the connotation of administrative emergency power,the characteristics of administrative emergency power and the content of administrative emergency power.The second part is the current situation of the administrative emergency power system during public health emergencies,which mainly examines the current status of administrative emergency laws and regulations related to public health emergencies and the current status of administrative emergency power subjects and procedures in practice.The third part is about the problems of the administrative emergency response system under public health emergencies.The main problems are that the administrative emergency power is not systematic and lacks operability,the main body of the administrative emergency power is not clearly divided between powers and responsibilities,and the regulation of the power exercise procedure is ignored.,Leading to the problem that the administrative emergency power is easy to be used or abused,and the supervision mechanism of the administrative emergency power is not sound.The last part is to make recommendations on the administrative emergency response system based on the epidemic situation of this infectious disease.Through the establishment of a legal and regulatory system for administrative emergency response,improve the power allocation of the administrative emergency response body,determine the principles and procedures to be followed when exercising the administrative emergency response power,and broaden the supervision channels for the administrative emergency response power to improve the administrative emergency response system during public health emergencies.. |