Standardized Research On The Formulation Of Administrative Normative Documents Under Emergency Conditions

Although the state of emergency has not yet been clearly stipulated in China’s laws,and the state of emergency has not been officially declared during the three-year new crown pneumonia epidemic prevention and control period,it has actually become a fact.Under the emergency state of the prevention and control of the new crown pneumonia epidemic,administrative normative documents are widely applied because they meet the needs of emergency governance,fill legislative gaps,and respond quickly to the current situation.However,the irregularities in the formulation of administrative normative documents under emergency conditions have led to frequent disputes over infringement of citizens’ rights and interests.To this end,this thesis takes the administrative normative documents formulated and released during the new crown pneumonia epidemic as an analysis sample to discuss the standardization of the formulation of administrative normative documents under emergency conditions.Taking "epidemic prevention and control" as the keyword,relevant documents were screened through the Peking University magic treasure network,and the current situation of the subject,basis,and content of administrative normative documents under emergency conditions,as well as the characteristics of document formulation.In the formulation of administrative normative documents under emergency conditions,there are many problems such as confusion of the drafting body and misalignment of authority,excessive expansion of the scope of content,and arbitrary simplification of the formulation procedure.In order to limit emergency administrative powers,standardize emergency administrative acts,protect citizens’ rights and interests,protect human rights,and improve administrative governance capabilities,it is necessary to standardize the formulation of administrative normative documents in emergency situations.Article 50 of the Emergency Response Law stipulates that the people’s government may take emergency response measures in accordance with relevant provisions,but there are no relevant provisions on whether the entity implementing the emergency measures automatically becomes the subject of the formulation of administrative normative documents under the state of emergency.The Constitution and the Emergency Response Law set certain limits on the content of administrative normative documents in emergency situations,but they are not clear.The Provisions on the Administration of Administrative Normative Documents issued by various localities are difficult to apply in an emergency state due to the lack of relevant procedural provisions that break through the norm.The deep-seated reason is that China’s current legal system is not perfect,especially there is no unified norm for the formulation of administrative normative documents under emergency conditions.In this regard,it is suggested that on the basis of improving the existing legal provisions,a "Regulations on the Formulation of Administrative Normative Documents in Emergency Situations" be formulated,clarifying the scope of subjects,content boundaries,procedural simplification,restrictive provisions and supervision mechanisms,in order to standardize the formulation of administrative normative documents in emergency situations,and provide effective tools for emergency rule of law to better protect human rights and citizens’ legitimate rights and interests.