Research On The System Of Performance Of Administrative Counterpart’s Cooperation Obligation In Public Health Emergencies

In the context of epidemic prevention and control,the performance of administrative counterpart’s cooperation obligation is a problem that cannot be ignored.At the same time,social governance presents the characteristics of the pluralism of the subject,which embodies the modernization of social governance.In the traditional idea of administrative law,the administrative agency is a party with powerful administrative resources,which obtains the necessary information through its own advantage and makes the judgment on administrative matters,and the relative party only needs to cooperate or obey.This traditional power operation has failed to meet the rapid development of society and the rapid change of administrative tasks.As an important aspect of modern cooperative administration,administrative counterpart’s cooperation obligation conforms to the new pattern of social governance.This obligation is widely used in different areas of national and social governance,which is an important means for the balance of the rights and obligations of the administrative agency and the administrative counterpart.The administrative counterpart’s cooperation obligation is based on specific administrative purposes,the administrative counterpart has the obligation to take certain actions or not to take certain actions on their own initiative or at the request of administrative agency according to the provisions of relevant laws and regulations.A breach of the cooperation obligation may result in its own disinterest or adverse legal consequences.In practice,the administrative counterpart’s cooperation obligation mainly include the obligation of providing authentic materials and documents,truthful statements,being present in person,etc.,as well as the cooperation obligation of not obstructing official duties and not delaying procedures.Based on the theory of balance of rights and obligations,combined with the concepts of "public participation" and "cooperation",this paper studies the performance of administrative counterpart’s cooperation obligation in public health emergencies,analyzes the existing problems,and provides targeted suggestions for its improvement.Besides the introduction,this paper consists of three parts.The first part is the basic theory of the performance of administrative counterpart’s cooperation obligation.This part mainly clarifies the concept and main characteristics of the administrative counterpart’s cooperation obligation,and explains the legitimacy and necessity of its existence and research through the elaboration of the legal basis of the administrative counterpart’s cooperation obligation.The second part is the status quo of the performance of administrative counterpart’s cooperation obligation.First of all,the administrative counterpart’s cooperation obligation stipulated in laws and regulations of public health emergencies are sorted out.Then,the paper analyzes the problems in the performance of administrative counterpart’s cooperation obligation,from the three aspects of setting,performing and guaranteeing.First,the setting of the administrative counterpart’s cooperation obligation is unreasonable,including: the relevant provisions of the administrative counterpart’s cooperation obligation are not clear,and the setting principle of the administrative counterpart’s cooperation obligation is missing;Second,the implementation mechanism of the administrative counterpart’s cooperation obligation is not perfect,including: the legal liability of the administrative counterpart for violating the administrative counterpart’s cooperation obligation is not complete,the enthusiasm of the administrative counterpart for performing the administrative counterpart’s cooperation obligation is insufficient;Third,the guarantee mechanism of the administrative counterpart’s cooperation obligation is not perfect,including: the limit of the obligation of administrative counterpart is not clear,the judicial remedy mechanism of the obligation of administrative counterpart is not perfect.The third part is the suggestion of perfecting the performance of administrative counterpart’s cooperation obligation.On the basis of clarifying the current situation of the performance of the administrative counterpart’s cooperation obligation,with the main problems as the guidance,this paper conducts a comprehensive study on the performance of administrative counterpart’s cooperation obligation.According to the research,in order to give full play to the legal value of the administrative counterpart’s cooperation obligation in theory and practice,we should do the following three things: first,make clear the setting mode and principle of the administrative counterpart’s cooperation obligation;second,improve the performance of administrative counterpart’s cooperation obligation;the third is to strengthen the guarantee of the performance of administrative counterpart’s cooperation obligation.