The Defect And The Regulation Of The Administrative Coercion In Public Health Emergency

Since the Administrative Coercion Law been formulated in2011，administrative coercion is playing an increasingly important role as a meansof performing administrative power and realizing public service. On one hand,it can be applied to the social management under the normal state of society.On the other hand, when all sorts of public emergency appear, it can controland solve the crisis rapidly as a kind of high intensity means.Administrative coercion of the public health emergency has deeply affectedall kinds of civil rights. At the same time, it is also a strong measure to controlthe crisis and preserve the order of our society that must be taken when publichealth emergency occurs. In order to protect the civil rights and build aconstitutional state, it is necessary to govern the administrative emergencyenforcement.After the fight against SARS in2003, the government has adopted a lot ofadministrative emergency coercion measures to control the outbreak and has madegreat achievements in protecting people’s health and preventing the spread ofthe epidemic situation. But, a lot of problems have appeared in the concreteimplementation. For example, the executor is unified and not specific. Someadministrative enforcement acts are ultra and irregular when carried out. At the same time, due to the urgent public health emergency situation and the lackof the supervisory and restrictive system, it brings a consequence that theadministrative power has been abused, which affects the improvement ofadministrative efficiency, and the achievement of the government goal.Currently, the study on the condition of public health emergency in ourcountry is mainly focused on the macro level of emergency mechanism, while theresearch on the microcosmic aspects is much less and not deep enough. Thisarticle selects an aspect of public health emergency in the administrativecoercion.It first analyzes the general theory of administrative emergencyenforcement, and then elaborates some related theories of the administrativecoercion in the field of public health emergencies, with regard to theinevitability， effects and principles of using the administrative enforcement.Secondly it gives a summary of some related legal norms and the situation ofpractice in this field of public health emergencies and comes to a conclusionon main measures and subjects. And then it analyzes the existing problems, mainlyincluding that the legal standards are not unified and the implementationsubjects are not specific. The procedure is substandard and there is also a lackof corresponding supervision and remedy mechanism. Finally, considering theseproblems, the article provides some relevant suggestions from three aspects:the legal system and ideas, the enforcement administration and the supervisionand relief mechanism. What’s more, some suggestions are given referenced tothe relevant laws and regulations as well as the practical experience of othercountries.