Study On The Exercise Of Administrative Emergency Power In COVID-19 Prevention And Control

In early 2020,COVID-19 broke out in China and quickly spread around the world,seriously disrupting the global social order and posing a grave threat to the life and health of people around the world.In order to effectively control the spread of the epidemic,the Chinese government quickly adopted emergency measures,actively carried out prevention and control work,and achieved initial results.In the whole process,administrative emergency right played an indispensable role.As an important means of national governance,administrative emergency power has an incomparable advantage over normal administrative power in crisis management.It can quickly respond to emergencies with high efficiency and restore social order quickly.However,due to the high concentration and expansion of power,in the context of the imperfect emergency rule of law in China,administrative emergency power is prone to abuse of power and infringement of citizens’ legitimate rights and interests in the process of COVID-19 prevention and control.As a major public health emergency,COVID-19 pandemic has put forward higher requirements for China’s emergency rule of law construction and the exercise of administrative emergency rights.However,according to China’s practice of COVID-19 prevention and control,some local governments have been caught in a panic when faced with the sudden epidemic,and epidemic prevention policies have been changed in succession and epidemic prevention measures have been obviously inappropriate from time to time which having caused social controversy.This shows that although the exercise of administrative emergency power can quickly contain the spread of the epidemic,there are still some practical problems in the exercise of administrative emergency power,such as unclear authority of the subject,improper emergency methods and non-standard emergency procedures.Meanwhile,these problems also expose the imperfection of the emergency legal system of our country.The current legislation lacks a scientific allocation of power to the main bodies of administrative emergency response in China,and the distribution of full responsibility between the central and local governments is inconsistent.Grassroots autonomous organizations and some social organizations lack certain emergency authority,making it difficult for them to play a limited role in epidemic prevention and control.The lack of emergency awareness and emergency response capacity caused the administration to miss the best opportunity for emergency response and to find itself in a situation of panic and shortage in response to emergencies.The influence of the thought of "emphasizing entity and undervaluing procedure",the pursuit of efficiency and order value in emergency state,and the lack of procedural legislation leads to the imperfection of emergency procedure,which is difficult to play a good regulating role in the exercise of administrative emergency right.The imperfect supervision mechanism makes it difficult for the administrative emergency right to be effectively supervised in the exercise process.Whether it is the lack of internal supervision and accountability,the absence of external supervision by legislature and judicial organs,or the irrational supervision by public opinion,all indirectly lead to the problem of the exercise of administrative emergency right in COVID-19 prevention and control.Therefore,in order to realize the requirements of the Party and the state for prevention and control by law,it is necessary to put forward relevant suggestions according to the problems in COVID-19 prevention and control practice and the reasons behind them,such as standardizing the exercise of administrative emergency right through scientific allocation of power,improving procedural regulations and sounding supervision mechanism.COVID-19 prevention and control is an overall battle,which cannot be without the escort of the rule of law.By studying the exercise of the right of administrative emergency in COVID-19 prevention and control,and regulating and guaranteeing its operation by the rule of law,it is not only conducive to the prevention and control of the epidemic according to law,improving the level of national crisis management,but also of great significance for accelerating the construction of the rule of law in emergency response in China.