Research On The Proportionality Principle For Restricting Personal Freedom During The Epidemi

The COVID-19 breaks the balance between the exercise of public power and the protection of private rights.The principle of proportionality can protect the personal freedom.However,there are some problems in the specific application of the principle of proportionality.Therefore,take the COVID-19 as the background,find the problems in restricting personal freedom,analyze the reasons and make suggestions for improvement.Except for the introduction,this paper is made up of the following four chapters:Chapter One: First,limited the epidemic period and defined the social state during the epidemic.Second,clarify the scope of restrictions on personal freedom and sort out the legal and policy basis.Finally,the feasibility and necessity of applying the principle of proportionality are briefly described.Chapter Two: The application of the principle includes two parts: First,the application of the principle in the object of restriction.Second,the application of the principle in restrictive measures.At the same time,there are problems in the specific application of the proportionality principle,on the one hand,the application links and standard are controversial,on the other hand,the application of the proportionality principle is inadequately applied.Chapter Three: Starting from the problem,the reasons analysis is carried out.The existing law does not stipulate the application links and standards of the proportionality principle during the epidemic,resulting in disputes over its specific application.At the same time,due to the insufficient awareness and ability of some administrative organs to apply the principle of proportionality,problems have occurred in their specific application.Chapter Four: The first is to clarify in the law the application links and standards of the principle of proportionality in restricting personal freedom during the epidemic.The second is to improve the awareness of administrative organs in applying the proportionality principle by strengthening the accountability of subjects,and improve the ability to apply the proportionality principle by introducing the cost-benefit analysis method to ensure the full application of the proportionality principle.