As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,...As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.展开更多
In this paper,we evaluate the effect of the state of emergency for the first wave of COVID-19 in Japan,2020 from the viewpoint of mathematical modelling.In Japan,it was announced during the period of the state of emer...In this paper,we evaluate the effect of the state of emergency for the first wave of COVID-19 in Japan,2020 from the viewpoint of mathematical modelling.In Japan,it was announced during the period of the state of emergency from April 7 to May 25,2020 that the 80%reduction of the contact rate is needed to control the outbreak.By numerical simulation,we show that the reduction rate seems to have reached up to 86%.Moreover,we estimate the control reproduction number R c during the period of the state of emergency as R c?0:36(95%CI,0.34e0.39),and show that the effective reproduction number R e after the lifting of the state of emergency could be greater than 1.This result suggests us that the second wave of COVID-19 in Japan could possibly occur if any effective intervention will not be taken again.展开更多
文摘As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.
基金This work was partially supported by the Japan Society for the Promotion of Science(JSPS)KAKENHI grant number 19K14594.
文摘In this paper,we evaluate the effect of the state of emergency for the first wave of COVID-19 in Japan,2020 from the viewpoint of mathematical modelling.In Japan,it was announced during the period of the state of emergency from April 7 to May 25,2020 that the 80%reduction of the contact rate is needed to control the outbreak.By numerical simulation,we show that the reduction rate seems to have reached up to 86%.Moreover,we estimate the control reproduction number R c during the period of the state of emergency as R c?0:36(95%CI,0.34e0.39),and show that the effective reproduction number R e after the lifting of the state of emergency could be greater than 1.This result suggests us that the second wave of COVID-19 in Japan could possibly occur if any effective intervention will not be taken again.
