The Exploration Of The Regulation Of Administrative Emergency Powers In The Context Of Epidemic Prevention And Control

Since the outbreak of novel coronavirus,China has always adhered to the strategy and tactics of prevention and control according to law.In order to contain the epidemic quickly and accurately,and improve the speed and efficiency of epidemic prevention and control,the administrative emergency power is used scientifically and reasonably according to the provisions of the Emergency Response Law of the China issued in 2007.But with the increasing frequency and scope of the use of administrative emergency power,the abuse of administrative emergency power also occurs from time to time.The abuse of administrative emergency power not only damages the legitimate rights and interests of citizens,but also has a negative impact on the government’s image,thereby damaging the government’s credibility and public trust in the government,and limiting the effectiveness of government management and governance of society.On the other hand,abusing power may also lead to a decline in social stability and hinder the stable development of the country.Therefore,exploring the regulation of administrative emergency power has become a practical topic that must be paid attention to in China’s rule of law construction.The article aims to explore the abuse of administrative emergency power in the context of epidemic prevention and control in China,and provide relevant suggestions for its regulation.The legal regulation of administrative emergency power in the context of epidemic prevention will be discussed from the following sections.The first part briefly introduces the concept and characteristics of administrative emergency power in China,and analyzes the differences between emergency rule of law and ordinary rule of law based on epidemic prevention and control.Clarified the legal principles of administrative emergency power and its practical role and significance in epidemic prevention and control.Because the COVID-19 is different from other public emergencies such as natural disasters,accident disasters,and social security events,it is a kind of public health emergencies,so the research on the administrative emergency system should also grasp the basic theory of public health emergencies,so that the research on the administrative emergency power system has a target.The second part analyzes the abuse of administrative emergency power during the epidemic prevention and control period through practical investigation and legal diagnosis,and explores the reasons for its occurrence and its impact on public interests and civil rights.This article explores the shortcomings of China’s laws and regulations on the abuse of administrative emergency power from various aspects such as the standardization of relevant laws on emergency power,the supervision mechanism of emergency power,and the lack of coordination between legislation and justice.The third part explores how to regulate administrative emergency power and improve the supervision system under emergency legal management,emphasizing the guiding principles for regulating the abuse of administrative emergency power,and proposing regulatory measures for administrative emergency power in the context of epidemic prevention and control.It mainly points out the responsibilities and roles of regulatory agencies,as well as the Completeness of the monitoring mechanism and the formulation of differentiated emergency management policies.By comparing the similarities and differences between emergency management systems in China and abroad,and extracting relevant insights from foreign experiences.At the end,measures to prevent and address the abuse of administrative emergency power are proposed from aspects such as improving legislation,enhancing the concept of the rule of law,strengthening legal literacy,and improving the system of emergency administrative litigation rights.The research conclusions and suggestions of this article have certain reference significance for the improvement and improvement of China’s epidemic prevention and emergency management system.