Study On Administrative Emergency Power In Prevention And Control Of Sudden Infectious Diseases

The sudden outbreak of COVID-19 in 2019 has once again brought the issue of public health emergencies under the rule of law to the forefront of national governance.As a special administrative power different from the normal state,the administrative emergency power has the characteristics of concentration,expansion and discretion,which are very important for the rapid emergency treatment and control of the spread of the disease.In order to guarantee the health and safety of citizens to the greatest extent and restore the order of social production and life,the legal boundary of administrative emergency power should be allowed to be expanded appropriately,and the space for flexible handling of administrative emergency power should be reserved.Meanwhile,the power of administrative emergency and the basic rights of citizens have natural tension in emergency state.In order to prevent the disorderly expansion of administrative emergency power,it should also be necessarily regulated.This is not only an important method to balance the public interests and personal interests during emergency period,but also reflects the level of rule of law of Chinese government in emergency management,which is an important part of the construction of the rule of law of national emergency management.This paper mainly takes the emergency handling in the prevention and control of the novel corona-virus outbreak as the starting point,examines the shortcomings in the operation of administrative emergency power,explores the reasons behind it,and finally tries to put forward a standardized path for the exercise of administrative emergency power.First of all,the normative study of administrative emergency power in the prevention and control of major epidemic is made,the concept of major epidemic prevention and control is defined,the characteristics and contents of administrative emergency power are analyzed,and the concepts of administrative emergency power and administrative emergency power are analyzed.Secondly,based on various kinds of emergency handling practices during the epidemic,the current situation of administrative emergency handling subjects,procedures and power operation during the prevention and control of major epidemic was investigated.There were mainly problems such as unreasonable allocation of authority of emergency handling subjects,chaotic procedure of emergency handling measures,legal risk of emergency power exercise and insufficient protection of the rights of the relative party.The root cause of these problems is that the emergency legislation system is too extensive,with poor coordination and operability.In addition,the procedural content of administrative emergency power exercise is not perfect,and the tendency of "emphasizing entity over procedure" is still obvious.There is no effective long-term supervision mechanism for the exercise of administrative emergency power.Thirdly,in order to clarify the boundaries of executive power in epidemic prevention and control and effectively carry out major epidemic prevention and control under the rule of law,it is necessary to make appropriate adjustments in the rule of law principle,follow the principle of legal reservation,the principle of administrative efficiency,the principle of procedural variability,and reasonably relax the principle of proportionality.Finally,it tries to propose a path to legalize the exercise of administrative emergency power in major epidemic prevention and control,including strictly restricting the starting conditions of administrative emergency power,scientifically allocating the functions and powers of emergency response subjects in major epidemic prevention and control,improving emergency response measures in major epidemic prevention and control,completing the exercise procedures of administrative emergency power in major epidemic prevention and control,and optimizing the legal system for emergency response to public health events,strengthening the regulation of administrative emergency right and the legal guarantee for citizens in the prevention and control of major epidemic.