Improvement and Effectiveness Test of Principle of Proportionality in Emer-gency Response
In dealing with emergencies,especially the COVID-19,the administrative organs take strict re-strictive measures against citizens according to the seriousness of the situation.In the context of the traditional proportionality principle,prevention and control measures that restrict citizens are easily identified as violat-ing the principle of necessity and the principle of balance.In order to ensure the legitimacy and prevention and control effect of most emergency measures,while taking into account the purpose of prevention and con-trol,the provisions of the law and the basic rights of the relative person,the examination of the legitimacy of purpose and the appropriateness of means should be simplified,the criteria for screening means in the prin-ciple of necessity and the specific connotation of interest value in the principle of balance should be adjusted.
principle of proportionalityemergencyepidemic prevention and control measures
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