行政强制权运用的法治化路径——以重大公共卫生事件为背景

A Study on the Legal Path of the Application of Administrative---Compulsory power against the background of major public health events

依法运用行政强制权,政府应当以自身的宪法地位为出发点,直面重大公共卫生事件,积极履职,保护公民生命与财产利益,恢复良好社会秩序,必要时限制公民的人身自由。然而个别行政权力行使的乱象,不仅破坏了公民生活的秩序,而且对社会主义法治造成了严重的破坏。鉴于此,本文立足既有理论学说,研究行政强制权行使的困境与破解路径,希冀对其法治化建构有所裨益。

In the use of administrative coercive power according to law,the government should take its own constitutional status as the starting point,face up to major public health events,actively perform its duties,protect the lives and property interests of citizens,restore good social order,and limit the personal freedom of citizens if necessary.However,the chaos of the exercise of individual administrative power not only destroys the order of citizens、life,but also causes serious damage to the socialist rule of law.In view of this,based on the existing theory,this paper studies the dilemma and solving path of the exercise of administrative coercive power,hoping to be beneficial to the construction of its rule of law.