Analysis On The Legality Of Administrative Emergency Behavior In Public Health Emergencies

China’s public health security governance capacity is an important part of its national governance system and capacity.COVID-19 is still spreading around the world,profoundly changing the global development and governance landscape,and it is also a major test of China’s governance system and capacity.In order to promote the improvement of national public health safety governance system and governance capacity,and realize the transformation from "managed" to "well managed",more theoretical support and practical suggestions are needed from management science research field.In response to a series of public emergencies such as public health,natural disasters and food safety,there are higher requirements on the functions,behaviors and power division of the government in the process of responding to emergencies.A state of emergency has no law.The emergency management carried out by the government under the state of emergency is different from that in ordinary times,but it does not mean that the emergency administration can escape from the control of law.Outbreak of the new champions league as a major global public emergency for the global political,economic,and social activities have brought significant impact and destruction,cope with the outbreak of the new champions league practice in our country,the government’s administrative emergency behavior play a vital role,but its own administrative emergency behavior is abnormal,flexibility,to have higher demand to the government administrative ability.The legal system,implementation background,power setting,post-relief and a series of problems of administrative emergency behavior have the characteristics of non-routine,urgent,sudden and so on,which has higher requirements for the legitimacy basis of the government’s implementation of emergency management behavior in China’s current emergency response mechanism.For the authorization,implementation,supervision and management of administrative emergency behavior,China takes "Emergency Response Law" as the benchmark,and builds a legal system of emergency response supplemented by other separate regulations,departmental regulations,and local regulations to carry out legal system design.However,it is not difficult to find that there are still many problems in the implementation of the government’s administrative emergency right and the legal boundary of administrative emergency behavior.This shows that the epidemic has not only challenged the government’s ability to respond to emergencies;It also challenges the administrative ability of using power lawfully and reasonably.It also exposes the appropriateness and completeness of China’s current administrative emergency legal system,which needs timely reflection and review.At present,at the level of legal system design,there is a lack of systematic theoretical basis and operational experience for administrative emergency behavior,so it is urgent to discuss and analyze the legality of administrative emergency behavior.This paper hence as a logical starting point,from the Angle of the connotation of the administrative emergency and positioning,the public health emergency response to demonstrate the validity of administrative emergency,by summing up the problems existing in the practice and omissions,from emergency concept of rule of law and legal norm design recommendations to improve two Angle,in order to enrich for regulation of administrative emergency legitimacy theory research,Further strengthen the legal system construction of emergency administration.