A Study On The Legitimacy Of Local People’s Congress’s Decision-making

Influenced by the COVID-19 emergency,the administrative power of administrative organs to implement epidemic prevention and control was expanded and uncertain.In the early days of the epidemic prevention and control,roads were blocked and people were illegally quarantined,their personal freedom restricted,or even confiscated without compensation.Administration by law is not only the basic requirement of government administration,but also the connotation of building a government ruled by law.However,this series of illegal acts reflects that some administrative organs not only derogate from the justice and justice of citizens’ rights under the state of emergency,but even deviate from the original intention of epidemic prevention.Therefore,it is necessary for the local people’s congress to intervene and regulate.Exercise decision-making power on major issues through delegated decision-making,the types and matters for attention of the epidemic prevention acts that the administrative organs can carry out can be standardized in advance,This is conducive to safeguarding the legality of the epidemic prevention actions of the administrative organs and protecting the derogation of citizens’ rights in accordance with the law.In the early part of February 2020,the standing committees of local provincial and municipal people’s congresses actively exercise the right to decide on major matters by holding additional standing committee meetings or emergency meetings,and make the "Decision" on prevention and control of COVID-19 and protection of people’s health,since implementation,mobilization,implementation and legislation,from authorization,supervise and urge,restrict administrative organs and the epidemic prevention and control work of six aspects.Such authorization adopted by the Standing Committee of the National People’s Congress has not been specifically stipulated in the law,nor has there been any precedent.This is an innovation in practice.In this article,through comparative analysis of "decision" authorized by the provincial people’s congress on the subject,the content of the authorization,the behavior way,authorized by the difference in the field of concrete,for the host country law does not contradict the different rules and regulations on registration censors,it is concluded that "decision" authorized administrative organs on the health behavior of unconstitutional,legitimacy,authority decided the government regulations,There are certain risks in prescribing the behavior of collection and compensation.Therefore,how to reduce the legality risk of the "Decision" formulated by the Standing Committee of the National People’s Congress,and how to grasp the appropriate expansion of the discretion of administrative agencies and the degree of derogation of civil rights will become an emergency period for the prevention and control of the epidemic.Issues that cannot be ignored in the exercise of the power to make decisions on major matters.Regarding these issues,this article proposes that the upper-level legal system for responding to emergencies on which the "Decision" is based should first be improved,and the laws and regulations formulated in the past should be continuously optimized and updated,so that the Standing Committee of the Congress can authorize the government according to law and the government can administer according to law.Secondly,we should strictly abide by the principle that the decision should not be with the superior law,and firmly grasp the legislative spirit of law supremacy,in order to avoid the impact of the conflict between the public’s trust in the law and the determination of the people to fight against COVID-19.At the same time,we need to strengthen the filing and review of authorization decisions.We must not only make sure that our wrongs are corrected,but also that law and order are maintained.When making decisions,full consideration should be given to the issue of derogation of civil rights,the principle of proportionality should be followed and decisions should be made in a scientific and humane manner.The time-frame for the implementation of the decision would not only avoid delays in the implementation of the decision,but also restore the expanded executive authority in time to its original state.Finally,the legal responsibility of the authorized subject should be clarified,to supervise the administrative acts of administrative organs and their functionaries in accordance with the law,so as to unify their powers and responsibilities.This is not only a warning against the COVID-19 epidemic,but also urges us to continuously improve the rule of law and administration according to law in the epidemic prevention and control,and promote the socialist rule of law in China.