突发公共卫生事件应对中政府公权的扩张及边界

Expansion and Boundary of Government Public Power in Response to Public Health Emergencies

新冠肺炎疫情是一次对政府依法行政能力和基层治理水平的大考,在这次疫情防控中某些措施的合法性与合理性受到质疑。法律赋予政府应对突发公共卫生事件特殊权力以制定实施防控措施,公权力的扩张无疑是对公民私权的某种限制。其正当性在于公共利益的相对优位性,即突发公共卫生事件关系到人民群众的生命安全和身体健康,关系到社会的和谐稳定与经济发展。在应对突发公共事件时,政府公权与人身自由权、言论自由权、个人信息权、批评监督权、知情权等公民私权的冲突普遍存在。应当从完善立法授权、回归公共利益本质、落实法律责任三方面入手,促进政府公权与公民私权保持适当张力,实现疫情防控中的良法善治。

The coronavirus pneumonia seems a big test of the government’s administration according tolaw and the level of grassroots governance, and in this epidemic prevention and control, the legitimacya nd rationality of some measures have been questioned. The law gives the government special power todeal with public health emergencies to formulate and implement prevention and control measures. The ex-p ansion of public power undoubtedly restricts some citizens’ private rights. Its legitimacy lies in the rela-tive superiority of public interests, that is, public health emergencies are related to people’s life safetya nd health, social stability, harmony and economic development. " North Paradox" reveals that the gov-ernment might act wantonly when promoting public interests, thus infringing on personal interests. In re-s ponse to public emergencies, there are widespread conflicts between government public rights and citi-zens’ private rights, such as the right to personal freedom, the right to freedom of speech, the right top ersonal information, the right to criticism and supervision, and the right to know. We should improve thelegislative authority, return to the essence of public interests and implement legal responsibility to promotet he appropriate tension between government public rights and citizens’ private rights, realizing appropriategovernance in light of good law during the epidemic prevention and control.