Basic Rights Of Citizens In Public Health Emergencies Research On Restriction Issues

At the beginning of 2020,the COVID-19 broke out globally,which not only damaged the economic,social and political order,but also damaged people’s lives,health and property safety,bringing us great challenges.In the prevention and control of the epidemic,the Chinese government has actively taken measures to effectively protect the fundamental interests of the people and achieved significant achievements.However,in this process,we also face some difficulties,such as how to achieve a balance between administrative emergency power and citizens’ basic rights,and avoid excessive restrictions on citizens’ basic rights while resolving crises.Based on this issue,this article starts from the theoretical level of citizens’ fundamental rights restrictions in emergent events of public health by collecting and consulting relevant literature and cases.In the first part,it analyzes the relevant basic theoretical concepts,including public health emergencies,basic rights restrictions,and administrative emergency power.The second part of this article,on the one hand,demonstrates the necessity and legitimacy of limiting citizens’ basic rights in sudden public health emergencies from a legal perspective,including the choice of public interests,considerations of freedom and order,and the assumption that human nature is inherently evil.On the other hand,it clarifies the legal boundaries of administrative agencies restricting citizens’ basic rights,which must comply with the principle of proportionality and the principle of unrestricted rights.The third part of this article examines the current situation of citizens’ basic rights restrictions in public health emergencies in China.Based on this,it proposes the current problems in China,mainly including incomplete legislation in the field of public health emergencies,inadequate mechanisms for exercising administrative emergency powers,and the need to improve the protection mechanism for basic rights restrictions.The fourth part of this article proposes targeted improvement suggestions for existing problems,including improving legislation in the field of public health emergencies,improving the mechanism for exercising administrative emergency powers,and improving the guarantee mechanism for limiting citizens’ basic rights.This article aims to provide some useful insights for the investigation on the restrictions of citizens’ fundamental rights in emergent events of public health,in order to better protect citizens’ rights.