Research on the Application of Administrative Emergency Power under Public Crisis——From the Perspective of the Conflict between Public Rights and Private Rights
For today's risk society,administrative emergency power,as an important power applied by the administrative subject to deal with emergencies,can effectively promote the transformation of social public or-der from a state of crisis to a conventional state.However,as a temporary expansion of public power in the state of crisis,administrative emergency power will inevitably lead to the relative derogation of individual rights and lead to the conflict between public rights and private rights,which is the dilemma of the application of adminis-trative emergency power.Under the existing legal norms,the reasonable application of administrative emergency power should not only be based on the clear provisions of legal rules,but also implement the basic spirit of legal principles in the whole process of the operation of power,so as to ensure that power is used by the people and seek the balance between public power and private rights.make the administrative emergency power run on the road of the rule of law.
public crisisadministrative emergency powerpublic and private rightspower boundar
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