应急处置措施的法律规制——兼评新冠肺炎疫情防控中的应急处置措施

Legal Regulation of Emergency Measures——On the Emergency Measures of Covid-19 Control

应急处置措施是为应对突发事件而采取的一系列措施,其实施不仅应当具有高效性,还应受到法律的合理规制。应急处置措施依据法律赋予的行政紧急权力而实施,在突发公共卫生事件中,又可分为救治措施、强制措施和保障措施。应急处置措施必须符合一定的法律要件,即主体合法、内容合法与程序合法。应急处置措施还需受到合理性原则的规制,在采取应急处置措施时,不仅要考虑相关因素,还应符合比例原则和公平原则。

Emergency measure is a series of actions to handle the outburst, which shall be implemented with high efficiency and the restraints by laws. Emergency measures are taken by the administrative emergency powerin accordance with the law, which can be classified as rescue measures, compulsory measuresand safeguard measures in the public health emergency. Emergency measures shouldabide bysome legal regulations including the subject legality, the content legality and the procedural legality. Emergency measures must follow the principle of rationality which should be considered during the action withother principles of proportionality and fairness.