The Paths To Improve The Administrative Rule Of Law Of Vaccination Under Public Health Emergencies

The outbreak and prevalence of infectious diseases have triggered public health emergencies and affected the normal legal order.Due to the characteristics of collectiveness,suddenness,harmfulness and systematicness of emergent infectious diseases,in order to effectively and timely resolve the crisis brought by emergent infectious diseases and ensure the health of the population when infectious diseases are prevalent,administrative organs should be endowed with necessary administrative treating power to actively respond to the test of social governance brought by infectious diseases.While expanding administrative power,along with the restriction of citizens’ rights,promoting the law-based administration of public health emergencies,ensuring citizens’ basic rights in the face of crisis,preventing arbitrary administrative treating power,and clarifying the legal boundary of the exercise of emergency power can reflect that how the administrative rule of law promotes the emergency epidemic prevention work.As an important part of emergency epidemic prevention,vaccination has become one of the important targets of improving the administrative rule of law.Different from normal vaccination,emergency vaccination and other measures will broaden the vaccination right of administrative.In order to balance between maintaining public health security and protecting citizens’ personal interests,vaccination under public health emergencies should be included in the track of administrative rule of law.However,there are the following problems in the current legal system of vaccination: First,the absence of state responsibility in the vaccine injury relief system,resulting in the practice of administrative relief is difficult to make up for the loss of victims.Second,there is no corresponding exemption system for the right to emergency compulsory vaccination,which to some extent will lead to the conflict between the public interest and the life and health of individual citizens.At the same time,some problems have also been exposed in vaccination practices and other emergency vaccination practices.Firstly,some administrative organs have illegally adopted compulsory means to enforce administrative guidance,forcing citizens to vaccinate against COVID-19 and depriving citizens of their independent choice.Secondly,the administrative subject abuses the administrative trust-breaking joint disciplinary measures and infringes the legitimate rights of citizens.Thirdly,the delay in information disclosure of measures such as emergency vaccination infringes citizens’ right to know and makes it difficult for citizens to participate in public supervision.Finally,the supervision system needs to be improved and more subjects need to participate in supervision.To solve the above deficiencies,this thesis takes vaccination measures under public health emergencies as the research object,with the help of literature analysis,comparative analysis,normative analysis,case analysis,interview and other methods,in-depth research on the improvement of the rule of law of vaccination under public health emergencies.And make the following recommendations:First,we should improve the vaccination system in case of public health emergencies.The rule of law principles should be integrated into the vaccination under public health emergencies,including the principle of administrative emergency,the principle of due process and the principle of administrative openness.We will improve the vaccination injury relief system,place the state’s responsibility on the actual remedy,and make up for the losses of victims in a timely and efficient manner from the perspectives of administrative compensation and administrative compensation.We should also formulate a complete vaccine exemption system to avoid harm to citizens who are not suitable for vaccination,so as to protect the life and health of special groups.Second,the subject of power should strictly enforce the law,and make clear the boundary of power when flexibly using the expanded emergency power.We should strictly follow the voluntary principle of administrative guidance,optimize the implementation process of administrative guidance,and create a good flexible guidance implementation environment to prevent the rigid phenomenon of administrative guidance in practice.We should clarify the essential difference between trust-breaking behavior and illegal behavior,ensure the correlation between disciplinary measures and disciplinary objects,and guard against the abuse of administrative trust-breaking joint punishment by administrative subjects.Administrative bodies should actively fulfill the obligation of information disclosure,fully and accurately disclose emergency vaccination information,enhance citizens’ confidence in vaccination,and stimulate citizens’ enthusiasm to participate in vaccination consciously.Third,we also have to build a rigorous supervision system.Under the leadership of the Party,the supervision resources of judicial organs,administrative organs,supervisory organs and the public should be fully utilized to constantly enrich and improve the vaccination supervision system under public health emergencies.At the same time,the government can combined with modern information technology,advance with the times,improve supervision with science and technology.The government should define the boundary of the administrative subject to implement the emergency vaccination right,stimulate the enthusiasm of citizens to participate in the vaccination voluntarily,and face the challenge of infectious diseases in a scientific way.We will defeat the epidemic,safeguard public health order and protect the lives and health of the people.