Research On Civil Rights Remedies In Public Health Emergency In China

Rights remedies is an important part of legal protection of civil rights,and it is also the last link.Without rights remedies,there can be no real legal protection.With the pressure of national governance brought about by the continuous occurrence of various major emergencies,in recent years,both the government and legal researchers have fully realized the importance of improving the emergency legal system.In the intensive period of law revision,how to better protect and remedy civil rights should become an important issue.This paper selects public health emergencies,one of the four major categories of emergencies stipulated in the Emergency Response Law,as the background,takes the relief of civil rights under special conditions as the research object,and tries to find out the current emergency response in our country.Insufficiency of civil rights remedies in my country,and put forward perfect suggestions in this regard.In order to defuse the crisis and protect public interests in public health emergencies,it is necessary to derogate from civil rights appropriately,but the principles of the rule of law,proportionality,non-discrimination and necessary remedies must be followed.Because of the exercise of the administrative emergency right,citizens’ rights are easily derogated and violated.We should respect those citizens who had to make sacrifices for the public interest in the prevention and control of the epidemic.Therefore,after derogation,civil rights should be properly and properly obtained.Compensation,after being violated,should be compensated,without remedies,there is no right,and it is necessary for citizens whose rights are damaged due to the exercise of power in public health emergencies to receive remedies.At the same time,because the country is in a special state of emergency after the outbreak of a public health emergency,the types and frequency of violations of civil rights in a short period of time will increase,and remedies channels will be temporarily narrowed.Remedies is more urgent than normal remedies and should be paid more attention to.At present,the legal norms and institutional mechanisms for rights remedies in my country’s public health emergencies are not mature enough,and the effectiveness of relevant remedies measures will plummet due to the critical situation and emergency measures in emergencies.The scope is not comprehensive,and the specific operational legal rules for administrative compensation are lacking.Therefore,it is necessary to continuously improve the legal and regulatory system for responding to public health emergencies.While improving the ability of epidemic prevention and anti-epidemic and standardizing the operation of emergency powers,the legal rules for rights remedies should be improved in terms of administrative compensation,administrative compensation,administrative litigation and power supervision,to provide feasible civil rights remedies methods for emergencies.