Research On Administrative Emergency Procedures For Public Health Emergencies

The scientific response to public health emergencies is an area that all sectors of society in our country are focusing on in recent years.When the field of emergency administration faces major challenges,improving the relevant provisions of emergency procedures can pave a legal,reasonable,scientific and effective legal road for the implementation of administrative emergency actions.However,at present,there are few laws and regulations on administrative emergency law in our country,and the provisions on administrative emergency procedures are too concise and omitted.In the past,the focus and general understanding of Chinese academic circles on emergency administrative procedures focused on the guarantee of efficiency.It is undeniable that improving the efficiency of emergency response to public health emergencies is still a requirement in administrative law that cannot be abandoned or ignored.Too much emphasis on emergency efficiency makes the balance of "power and rights" under the framework of "Administrative Law" extremely tilted towards power expansion.The increasing expansion of administrative discretion makes it difficult for us not to find that the "cage" of "putting administrative power in a cage" is increasingly expanding outward.Looking at the development of the world in the past two years,with the prevention and control of the "COVID-19" epidemic as the starting point,China is undoubtedly the best country in protecting public health,social order stability and economic and social development.But at the same time,we found in emergency practice that there are indeed some frictions between efficient administration and the protection of citizens’ rights and interests,which need to be resolved urgently.To realize the social governance goals of administration according to law and emergency response according to law,it is necessary to establish proper administrative emergency response procedures by law,balance the relationship between emergency isolation and personal rights protection,balance the relationship between emergency government use and property rights protection,and balance emergency information disclosure and personal information.The relationship of protection is the only way to improve the ability of social governance,and it is the proper meaning of improving the social governance system.By analyzing the prominent characteristics and implementation principles of administrative emergency behavior in public health emergencies,the origin and value orientation of administrative emergency procedures are found.At the legal level,sort out the relevant regulations,measures and legal basis of foreign administrative procedures,especially emergency procedures,to provide reference for the formulation and improvement of administrative emergency procedures in my country.For the areas of emergency procedures,such as emergency isolation,emergency requisition,and emergency information disclosure,which are frequently encountered by administrative agencies in responding to public health emergencies,involve a wide range and require special attention,take the time and space elements of administrative procedures as the axis,Analyzing problems and providing suggestions,focusing on the establishment of an ex ante emergency plan in terms of procedures,in order to provide reference and reference for improving the current administrative emergency rule of law in my country and promoting the construction of the future administrative procedure code in the dimension of due process guarantee.