Journal of Chaohu University ›› 2020, Vol. 22 ›› Issue (2): 1-8.doi: 10.12152/j.issn.1672-2868.2020.02.001

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Dispute and Resolution of Administrative Emergency Power under Major Epidemic Situation

LIU Lin-lin,Kenneth Wang School of Law, Soochow University   

  1. Kenneth Wang School of Law, Soochow University
  • Received:2020-03-05 Online:2020-03-25 Published:2020-06-14
  • Contact: LIU Lin-lin:Kenneth Wang School of Law, Soochow University, Suzhou Jiangsu 215006
  • About author:LIU Lin-lin:Kenneth Wang School of Law, Soochow University, Suzhou Jiangsu 215006
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Abstract: For the new coronavirus epidemic situation, our government decisively exercised the administrative emergency power and initially restrained the development of the epidemic situation. In order to ensure the safety of people's lives, the strict control measures adopted in this epidemic reached an unprecedented level. Many scholars pay attention to the problems in the exercise of administrative emergency power, especially the restrictions on civil rights. Some scholars dispute the legitimacy and rationality of the control measures. Based on the analysis of the basic principles of administrative law, it is found that the crux of the dispute lies in the imperfection of the legal system of emergency state, the lack of supervision of the normative documents of administrative emergency and the judicial incoordination in the regulation of administrative emergency power. These disputes can be resolved by improving the legal system of emergency, giving full play to the supervision role of the constitutional review system and clarifying the standards of judicial review after the event.

Key words: administrative emergency power, emergency state, review of constitutionality, administrative emergency

CLC Number: 

  • DF2