Regulation Of Administrative Penalty Power Under Epidemic Prevention And Control

Since the outbreak of COVID-19,Chinese governments at all levels have activated the emergency response mechanism for COVID-19 prevention and control and entered the emergency state of epidemic prevention and control.In order to control the ever-changing epidemic situation and all aspects of social life involved in epidemic prevention and control,governments at all levels and relevant departments have formulated several administrative normative documents to regulate epidemic prevention and control and related issues.In particular,in order to control the epidemic,a large number of documents set administrative penalties,and a large number of exercise of the power of administrative punishment has become a prominent feature of epidemic control.Compared with the normal administrative punishment power,the administrative punishment power under epidemic prevention and control has the characteristics of obvious expansion,high emergency efficiency and strong deterrent,but also has the risk of abuse.Therefore,it needs to be regulated to avoid its willful and arbitrary exercise,which will violate civil rights and destroy the construction of the rule of law.Relevant theories on administrative emergency,power regulation and right protection provide theoretical basis and regulatory basis for regulating administrative punishment power under emergency state.Epidemic prevention and control is the specific practice of emergency rule of law.By analyzing the practice status of the exercise of administrative penalty power in epidemic prevention and control,it is concluded that the administrative penalty in epidemic prevention and control has the problem of legal application confusion due to the imperfect emergency legal system,and the administrative penalty power in emergency state is difficult to be regulated by normal laws.Subjects with the power of administrative punishment have abused the power of administrative punishment in epidemic prevention and control,not only lacking the authority to carry out unauthorized punishment,but also deviating from the rule of law thinking to carry out "traceless punishment".The unreasonable and even illegal exercise of the power of administrative punishment leads to the violation of citizens’ right to know,right to privacy and other rights,and the lack of corresponding relief mechanism for citizens in the state of emergency.The problems in the application of administrative punishment power revealed in the epidemic prevention and control show that there is a great dilemma in the construction of emergency rule of law in China.Therefore,it is necessary to summarize the experience and lessons of epidemic prevention and control in order to improve the regulation of administrative punishment power under emergency rule of law.To be specific,we can build a perfect emergency legal system,establish the emergency legal system throughout it,and improve the application of emergency penalty clauses to keep the law application of administrative penalty unified in an order dimension,so as to ensure that the exercise of administrative penalty power is legal and reasonable in emergency state.At the same time,to determine the legal status of the subject of administrative punishment power under emergency state,determine the scope of their powers and responsibilities,to examine the legality of the administrative normative documents issued by them,to conduct comprehensive supervision over their administrative punishment power,and through the specific application of the principle of proportionality and the improvement of the right relief system,to make the administrative punishment power under emergency state in accordance with the law and standard exercise.Prevent and reduce the occurrence of illegal law enforcement behaviors under emergency conditions,avoid greater infringement of citizens’ rights due to emergency conditions,and effectively protect the basic rights of citizens under emergency conditions.