Study On The Application Of Emergency State In The Administrative Punishment Of Public Security Organs In COVID-19’s Prevention And Control

In recent years,as social risks have intensified globally,various unconventional emergencies have frequently refreshed human cognitive schemata.Thanks to its strong political mobilization capacity,the Chinese government has achieved remarkable results in COVID-19 prevention and control in a short period of time,demonstrating China’s institutional advantages to the world.However,China’s emergency management system and emergency management capacity have also exposed some defects and deficiencies,which need to be improved and amended to better transform institutional advantages into national governance efficiency.COVID-19 prevention and control measures are dominated by emergency administration decisions of local governments,and are guaranteed by the administrative compulsion of public security organs.For acts that violate epidemic prevention and control measures but do not constitute a crime,especially those that lack a clear basis for punishment,local public security organs will generally apply the emergency provisions in Public Security Administration Penalties to punish them.Such punishments are controversial because China has not activated the state of emergency procedure stipulated in the Constitution during the COVID-19 prevention and control period.This paper takes the modernization of emergency management system and emergency management capability as the research background.First of all,John Locke’s privilege theory is used to justify the fact that COVID-19 has brought great threat to the life and health of the public.It is of value and superiority for administrative organs to take extraordinary measures to protect public interests,but there is a lack of sufficient constraints on the exercise of privileges,and there is a risk of excessive expansion and damage to the legal rights of citizens.Based on the analysis of street bureaucracy theory,the discretion of administrative organs is the key problem,which needs to be improved through internal and external joint action.On the one hand,to strengthen the construction of the rule of law as the focus,improve the emergency management system of power operation,supervision,guidance and other systems;On the other hand,starting from the law enforcement subject itself,reduce the possibility of problems.Finally,drawing on the principle of formal rationality in Weber’s theory of rational bureaucracy and using logical deduction method to deduce,the paper explores ways to deal with violations of COVID-19 prevention and control measures by applying other bases while avoiding the controversial management concepts.For acts that are difficult to find other basis to deal with directly,we try to strengthen the administrative organ’s predisposition,so that the administrative counterpart is in a specific management limit range,and provide rigorous prerequisite conditions for the possible punishment.This model is not only applicable during the prevention and control of COVID-19,but also can be extended to other emergencies in which the public security organs participate.