Research On The Application Of Proportionality Principles In The Context Of Public Health Emergencies

Public health emergencies cause severe social fluctuations.It is necessary to have a dynamic floating,applicable and flexible emergency rule of law system to deal with emergencies.The proportion principle are capable of various flexible adjustment of social interest relations,effective and stable social order.The principle of proportionality in the context of public health emergencies can still be used as an effective tool to restore social stability according to its characteristics and functions.In the process of practical operation,we can also draw lessons from the application examples of the principle of proportionality after public health emergencies,trying to build an application system of the principle of proportionality in line with the modern emergency social governance model.The first part is the introduction part,mainly about the preparation of the paper,including selected topic background,the selected topic significance,the research status at home and abroad and the paper and the current lack of innovation,by doing plenty of preparatory work,ideas,understand the ins and outs of proportionality can provide practical application system.Secondly,starting from the issue of administrative legal relations in the context of public health emergencies,this paper focuses on the changes of administrative legal relations and the characteristics of administrative power caused by the events.On this basis,it points out the difference between the proportional principle in this context and the proportional principle in normal circumstances,In order to explain why the relevant theories of the principle of proportion are deeply studied under public health emergencies.Thirdly,by placing the proportionality principle in the context of public health emergencies,the particularity of its sub-principles,as well as the legal application and value orientation analysis of the proportionality principle in the context of public health emergencies,expresses the applicability of the proportionality principle in special conditions.Under special circumstances,the principle of proportionality can still focus on safeguarding substantive justice and protecting human rights,and at the same time,it can also produce significant effects in balancing the interests of all parties in real relations.In order to further explain why the principle of proportion under public health emergencies will be challenged and the impact of public health emergencies on the real relationship,the author analyzes that in the actual operation process,the measures of administrative organs will inevitably overcorrect and overdo the good.This shows that the principle of proportionality is difficult to be applied in the process of public health emergencies.As one of the abnormal events,the difficulty in the transformation between normal and abnormal events is also one of the major problems to be solved in the application of the principle of proportionality.The last is to build a perfect applicable system,which is the foothold of the full text.The author analysized that the the principle of proportionality under the background of public health emergencies is a difficult problem.In order to solve the problem,in this paper,some solutions are proposed,and suggestions are put forward to improve the application system of the principle of proportionality from the level of legal norms,legal values and operational mechanisms respectively.Moreover,the application of the principle of proportionality should include not only the legal level,but also the administrative management and social governance level.Only in this way can we construct the applicable system of proportion principle in line with the requirements of the new era.The conclusion summarizes and sublimates that only the social governance model in accordance with the rule of law environment in China is the social governance model in line with the development of the times.Only by bringing public health emergencies under the wings of regular governance can society cope with risks more easily.