非典突发事件冲击下的法治

The Rule of Law under the Impact of SARS

非典突发事件从新的角度对我国法治建设提出了挑战。它不仅考验现行法律体系和政府体制,而且考验政府的法治观念。事实证明,只有法治才能为应对突发事件提供可靠的制度保障。紧急状态来临时,在正常状态下被遮蔽的法律制度中的缺陷可以被暴露和发现,从而有利于进一步完善现有的法律制度,并实现法治的跳跃性发展。但同时我们也要充分注意到紧急状态下立法的局限,把握适用紧急处置权的原则,及时对因紧急状态立法而出现的法律规范间的矛盾进行协调,健全相应的机制和制度,进一步完善法治。非典突发事件也集中揭示了我国宪政存在的问题。能否成功地应对突发事件在很大程度上取决于能否自觉地见微知著,从宪政角度认识问题,取决于能否制定和强化各种保证政府依法行政的具体法律机制和程序,从而推动我国宪政的发展。

The emergency triggered off by SARS poses from a new perspective challenges to Chinese legal system. It not only tests the current legal system and governmental institutions, but also tests the concept of the Rule of Law that is held by the government. It is evident that the Rule of Law can provide a reliable institutional guarantee for controlling emergencies. During the period of the emergency, it is easier to find out the defects of the legal system, which is covered during the normal state. Therefore, it is conducive to further improving the legal system and to promoting the Rule of Law by leaps and bounds. At the same time, we need to pay attention to the limits of rules that are made during the state of emergency, to adhere to the principles guiding the exercise of emergency powers, to solve in the timely fashion the differences among newly mading and existing rules, and to establish new mechanics of law with the purpose of improving the Rule of Law in China. The sudden erupt of SARS also exposes problems in constitutionalism. To a great extent, whether or not we could successfully control emergencies, such as SARS, depends on whether or not we could promote consciously constitutionalism in China, and depends on whether or not we could establish legal mechanics or procedures pertaining to the notion of limited and controlled government.