行政应急法治理念分析与制度创新——以新冠肺炎疫情防控中的行政应急行为争议为例

Analysis of Administrative Contingency Rule of Law and Institutional Innovation--Based on Disputes Surrounding the Acts of Administrative Contingency for the Prevention and Control of Covid-19 Epidemic

在新冠肺炎疫情暴发、坚持依法防控的大背景下,须加强行政应急法治理念与制度研究。新冠肺炎疫情防控的行政执法措施争议中存在诸多认识误区、引出应急法治课题,须对行政应急行为、行政应急法治等基本概念加以准确认知,理性坚守应急法治原则底线,深入分析行政应急行为的依据、方式、程序与纠纷解决之道,在此基础上提出完善行政应急法治体系的观念更新与制度创新之策。通过构建中国特色行政应急法治体系,提高依法应对突发公共事件的素质和能力,保障社会法治的持续稳健发展。

Against the backdrop of the outbreak of the Covid-19 epidemic and the adherence to the epidemic prevention and control according to law,it is necessary to deepen our understandings of the administrative contingency rule of law.Disputes surrounding the administrative enforcement measures for the prevention and control of the Covid-19 feature many misunderstandings and lead to contingency rule of law issues.it is crucial to accurately understand the basic concepts,including acts of administrative contingency and administrative contingency rule of law,hold the bottom line of the contingency rule of law principle and analyze the basis,methods,procedures and dispute resolution of acts of administrative contingency.Based on these inputs,we can propose a strategy for updating the ideas and innovating the institutions so as to ameliorate the administrative contingency rule of law system.In building an administrative contingency rule of law system with Chinese characteristics,China can improve the qualities and capacities to respond to emergency public incidents according to law and safeguard the stable and coordinated development between the economic,political and cultural environments and the rule of law in Chinese society.