A few days ago，In order to effectively curb the spread and spread of pneumonia infected by new coronary virus infections，Effectively protect the health and life safety of the people，Provincial provinces start a major public health event first -level response。The author has compiled the first -level response prevention and control measures adopted by a county -level local government on the emergency public health incident，Mainly: First, to stop large mass activities、Places necessary for the daily life of non -citizens will be suspended、Disposal of various scenic spots at all levels、All people travel public places such as masks and other compulsory measures。Second, the implementation of strict health quarantine，If the returnees in Hubei areas must implement home medical observation or centralized medical observation。It also includes other related materials guarantee supply、Disinfection management measures、Encourage related measures such as group prevention and control。Article 39 of my country's "Prevention and Control Law of Infectious Diseases" stipulates that medical institutions should take compulsory isolation treatment measures in time when they find that category A infectious diseases。Article 42 clearly authorizes the outbreak of infectious diseases、Popularity，Local people's governments at or above the county level shall immediately take emergency measures for prevention and control。Therefore，Local people's governments at or above the county level, and relevant departments enjoy bet365 Play online games legal powers to adopt emergency measures to control the development of the epidemic，You can publish an announcement in your own name。

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During the epidemic，The prevention and control measures taken by a county -level local people's government include a certain degree of emergency measures to limit the basic rights of citizens，If restricted gathering activities, etc., have implemented temporary restrictions on the personal freedom of citizens，If it is suspended from work, production, suspension, etc., the business autonomy has limited。According to Article 3, paragraph 2 of the Administrative Compulsory Law，will "occur or is about to occur.，Emergency measures or temporary measures adopted by the administrative organs "in the connotation of coercive measures for administrative compulsory measures。isolation taken during the epidemic、Forced isolation treatment、Forced testing and other compulsory measures to restrict personal freedom belong to administrative instant compulsory。Other compulsory emergency measures still belong to the category of administrative compulsory in the broad sense，But different from ordinary administrative compulsory measures。

First，The two are different in law，Usually administrative compulsory measures apply to the relevant provisions of the Administrative Compulsory Law，Mandatory emergency measures taken by the administrative organs under the emergencies or the application of relevant laws、Regulations on administrative regulations。Next，The adoption of the above measures is during the spread of the new crown pneumonia，Unlike administrative compulsory measures operating in daily conditions。The emergency measure taken during the prevention and control of the epidemic is based on the emergency administrative bet365 best casino games power.、Administrative measures for temporary characteristics。The jurisdiction of the emergency administration and the general legislation is in a parallel position，One runs in a very period,One plays a role in daily state，It belongs to different space -time range, respectively。As the epidemic improves，After the emergency level is reduced，Related emergency measures will also be downgraded or lifted。So，In the case of emergencies，To maintain the people's life and health and social public safety，State public rights organs have compulsory emergency measures within a certain period of time based on legal authorization，Emergency administrative measures based on emergency administration。

　　Analysis of the legality of prevention and control measures

First，Stopped large crowd gathering activities and stopped business、Taste of compulsory emergency measures such as suspension of classes，Article 42 of the Infectious Disease Prevention Law as the basis for the appropriate law，Implementation of the subject legal、There is a clear legal basis，and the adoption of the above measures to a certain extent can prevent people gather and reduce the infection rate，The purpose of preventing and controlling the epidemic。Article 11 of my country's "Emergency Coppering Law" determines the principle of proportional principles that the people's government and its departments have adopted the response to emergencies。There are local governments to require the agricultural (set) trade market、Supermarkets and other types of business places must not sell for mandatory measures for living birds。At present, the understanding of the new coronary virus is still very limited，All one -size -fits -all prevention and control measures that are not bet365 best casino games allowed to sell live poultry to the property rights that are attached to the merchants who raised poultry are over -reduced，It seems to violate the principle of minimum infringement。

Next，A county -level people's government takes measures to mandate citizens to wear masks in public places。There is a point of view.，Wearing a mask is more citizen's personal wishes，State public rights organs can advocate people wearing masks，Is it appropriate to force residents to wear masks in public places in public places? Actually，Under the emergency public health incident，State public authority can adopt the compulsory emergency measures that restrict the basic rights of citizens based on legal authorization。This new coronary virus has strong infectivity，Propaganda channels mainly include respiratory tract droplets、contact communication, etc.。Forced residents wearing masks in public places can reduce the risk of being infected，Personal health to protect citizens，At the same time, it can achieve the situation of controlling the spread of the epidemic and the purpose of maintaining public safety of social public，Purpose of the law that meets the law。

Last，In order to realize the transmission of infectious diseases，State public rights organs have a large free discretion in prevention and control measures，There are multiple measures to choose from in the selection status.，For citizens、Legal person and other organization's equity infringement of less compulsory emergency measures。Mandrers wearing masks in public places is the least damage to citizens' personal rights and can achieve the effect of reducing infection，The principle of necessity。Forced citizens to wear Bet365 app download masks are not only applicable to control the epidemic and protect the health of citizens，Little damage to citizens' rights and interests can achieve preventive effects，The principle of equilibrium is in line with。Next，Article 11, paragraph 2 (2) of the Capital Copy Law stipulates citizens、Legal person and other organizations have obligations to participate in emergencies。During the prevention and control of the epidemic，Citizen、Legal person and other organizations enjoy the right to help in response to emergencies，But more importantly, participating in self -rescue、Obligations of mutual rescue。

　　Principles of administrative law that should be followed by prevention and control measures

After the public health incident, after the occurrence of public health，In emergency state，Emergency measures adopted by the state public rights organs will inevitably restrict the rights of citizens in accordance with the law，But any restrictions on the basic rights of citizens must follow certain principles and a certain limit，If there is no limit, it will exceed the statutory boundary。

First，When adopting mandatory emergency measures, we should follow the principle of legal reservation，Especially for compulsory emergency measures to restrict the personal freedom of citizens，It can only be stipulated by law。Emergency administrative power is still administrative power，Not privileges，Administrative organs should also exercise within the framework of the law when exercising the emergency administration。Even in the emergency state，The boundary of the law cannot be surpassed。

Next，During the prevention and control of the epidemic，Emergency measures adopted by the administrative organ shall meet the principle of proportions。First, bet365 best casino games the restrictions and purposes taken by the state are interrelated。The second is that the implementation of the means of the means is necessary，Must be in various means、Select the minimum means to damage the personal rights and interests of citizens、Plan Implementation。Third, the means of means of equalization and purpose for related legal benefits。The adoption of emergency measures should take into account the protection of public safety and personal rights of citizens，Essence to protect the legitimate rights and interests of citizens and the public interest realization，Purpose of the law that meets the law。For example, the adoption of urban measures under the trend of the new crown pneumonia's epidemic situation is a combination and necessary，and specify the treatment of special circumstances。According to the development level and scope of the epidemic，Start the corresponding level of emergency response mechanism，Government or departments of different levels take different levels of emergency response measures。Even if the same emergency measures are taken in different regions，The intensity of emergency measures should also be different according to the specific situation。With the development of the epidemic situation，Emergency measures should be adjusted appropriately。

Last，Protection of core rights。Public rights organs are taking personal personal freedom、Emergency measures for property rights must ensure the realization of citizens' core rights，Rights of medical assistance、Basic living materials、Make sure the rights needed for basic life。

　　(Author Unit: School of Law, East China University of Political Science and Law)