| “China is a big country with a population of more than 1.4 billion.It is always an important task for us to prevent and resolve the major epidemic situation and major public health emergencies.We should improve the system of laws and regulations and improve our ability and level to deal with major public health emergencies as soon as possible".The outbreak of novel coronavirus pneumonia in early 2020 reflects the extreme importance of risk prevention and control in public health emergencies,and the government’s risk prevention and control measures are the key to effective public health emergencies.The prevention and control of the epidemic exposed the lack of local government response means and ability,reflecting the short board of regulating the supply of public health law in this aspect.Therefore,it is urgent to improve the administrative law regulation of public health emergency risk prevention and control.From the perspective of risk prevention and control,the main problems faced by China’s administrative law regulation of public health emergencies are as follows:firstly,in the field of administrative law norms,there are some problems in China’s administrative law,such as the excessive concentration of power in the upper level,less local process disposal power;more principle clauses,less specific operational clauses;more response clauses,less prevention clauses;more government as the main body,giving full play to social security There are few provisions on power of association,many provisions on substantive power and few provisions on procedural disposition.Secondly,the risk regulation does not meet the actual needs of the state,the government officials’ awareness of risk prevention is weak,the emergency training and drilling mechanism is not complete,the expert committee system is not clear,the main body of early warning is not clear,the emergency material allocation mechanism is not perfect,the citizen information security management system is missing,and the administrative compensation system is not perfect.In order to respond to the demand of Risk Society for risk administration,uphold the principle of risk prevention,take the protection of public interests as the logical starting point,balance the emergency administrative power and the basic rights of citizens,and put forward the following countermeasures:first,improve the administrative legal system of risk prevention and control of public health emergencies,through the unification of central regulations and the basic rights of citizens Refine the implementation of local legislation.Secondly,we should optimize the idea of administrative rule of law in risk prevention and control of public health emergencies,and put forward some suggestions on the deficiencies of the content of administrative law from the following four aspects:implementing the strategic awareness of risk prevention and doing a good job in communication and cooperation;deepening the working mechanism of joint prevention and control and enhancing social participation;strengthening the supervision of risk prevention and control process and strict government responsibility;improving the administrative compensation system and protecting civil rights Feasible innovation path. |