Research On The Coordination Between The Exercise Of Government Power And The Protection Of Citizens' Rights Under Epidemic Prevention And Contro

In recent years,the prevention and control of the COVID-19 has been a major concern of all sectors of the country.In the prevention and control of the epidemic,there have been many cases of local government of overweight、excessive、mistake administration.The occurrence of these incidents not only damages the credibility of the government but also infringes the legitimate rights and interests of citizens.Power is a public instrument and should not be arbitrarily exercised.Improper epidemic prevention measures are a manifestation of the dysfunctional operation of government power and will cause irreversible damage to the protection of citizens’ rights and interests.Today,the prevention and control of the COVID-19 outbreak has become a typical case to study the balance between the exercise of government power and the protection of civil rights in contemporary China.This paper adopts an objective and neutral research attitude,chooses the research perspective of administrative law + administrative management,and gives consideration to political science and sociology.To summarize the current violations of local government epidemic prevention and control measures.This paper analyzes the causes of the transgression of public power and judges the damage of such transgression of public power to the protection of civil rights.Finally,combining with the social reality,the coordination path of public power exercise and private rights protection under the new normal of epidemic prevention and control was proposed.The main content of this paper is divided into four chapters.The first chapter mainly explains the content of three parts.First,the boundary relationship between government power and citizen rights under different legal views.The second is the classical theory of power intervention right under the phenomenon of administrative state.The third is the path to realize government power under the two-dimensional model of legal governance and administrative governance in China.The core content of the second chapter is to explain various wrong epidemic prevention behaviors of local governments in the prevention and control of the COVID-19.This chapter is divided into two perspectives: administrative rule of law and administrative management.From the perspective of administrative rule of law,it mainly focuses on the basic connotation and category of public emergency power.The perspective of administrative management mainly focuses on the overstepping of power under the current trend of general expansion of administrative power.Chapter three examines the potential conflicts between collective security and individual freedom from the perspective of civil rights protection.This part also introduces the dual research perspective of administrative law and administrative management,taking into account sociological speculation,and focuses on three dimensions of the imbalance of rights protection in the prevention and control of COVID-19.Chapter four is the last chapter of this paper.This chapter mainly gives specific measures to optimize the prevention and control mode of COVID-19 from two aspects.To ensure the government administration in accordance with the law and the smooth implementation of civil rights protection.