Study On The Government’s Personal Coercive Power In Public Health Emergencies

In recent years,various kinds of public health events have occurred frequently,from SARS crisis to COVID-19.Public health emergencies have seriously threatened people’s lives and health and tested the ability of social governance.In order to respond to public health emergencies effectively,the government needs to use unusual emergency powers,including personal coercive power.As an important power in the power of government emergency management power,the exercise of personal coercion power in public health emergencies is necessary to effectively prevent the spread of the epidemic and restore the social order to normal.It concerns the protection of citizens’ basic rights,the control of the outbreak,the restoration of social order,and even the process of the rule of law,but the government in public health emergency exercise personal coercive power fashion has a lot of problems.There are legislative omissions in the legislation;There are some problems in law enforcement,such as the confusion of law enforcement subject,the excessive discretion of government and the lack of guarantee of citizens’ right to know.In the aspect of right relief,there are some problems such as imperfect relief channel,narrow scope of administrative litigation,imperfect compensation system and imperfect power supervision.All these problems hinder the effective implementation of personal coercive power and easily damage the legitimate rights and interests of citizens.In public health emergencies,in order to maintain national security and social order and prevent the abuse of personal coercive power,it is necessary to regulate it and protect the legitimate rights and interests of citizens.We can establish the principles to be followed in the exercise of personal coercive power by clarifying the relevant concepts and drawing lessons from foreign scientific experience,clarifying the scope of citizens’ rights that can be derogated in public health emergencies,establishing effective supervision and relief mechanisms for the right of personal coercion,in order to maintain the benign interaction between the government power and the civil rights in public health emergencies.At the same time to ensure that the exercise of personal coercion by the government in the event of public health emergencies can effectively solve social crises without harming the basic rights of citizens,without damage to the fundamental rights of citizens,maintain a good balance between.keep the right balance between the two.