论紧急行政权的限度

The Limits of Emergency Administrative Power

紧急行政权的特殊性带来权力设限难题,而常态下的权力制约机制又不完全适配于紧急状态,应当对相关原则规则进行适应性调整或者有区别适用,为紧急行政权设定必要且合理的限度,使其既能足以有效应对危机,又能够尽可能少地限制公民的权利。一是适应性调整合法原则,规范紧急行政权的职权配置;二是确立权利底线保障原则,明确紧急行政权的外部边界;三是宽松适用比例原则,约束紧急行政权合理行使;四是严守必要程序原则,规制紧急行政权的运行全程。

The particularity of the emergency administrative power brings about the difficulty of setting power limits,and the normal power restriction mechanism is not fully adapted to the state of emergency.The relevant principles and rules should be adjusted adaptively or applied in a differentiated manner,and necessary and reasonable limits for the emergency administrative power should be set,so that it can be effective enough to deal with the crisis,but also can limit the rights of citizens as little as possible.The first is to adapt the principle of legality to regulate the allocation of emergency administrative powers;the second is to establish the principle of bottom line protection of rights and to clarify the external boundaries of emergency administrative powers;the third is to loosely apply the principle of proportionality to restrict the rational exercise of emergency administrative powers;the fourth is to strictly observe the necessary procedural principles,regulating the entire operation of the emergency administrative power.