Article 49 of the Administrative Punishment Law provides a legal basis for the adjustment of administrative punishment procedures under emergencies in our country,in order to improve the efficiency and ability of administrative organs to deal with emergency situations.The public also has an obligation to tolerate and obey this special arrangement of the state in order to cooperate with the executive authorities to restore social order to a normal state as soon as possible.The field of adjustment of administrative penalty procedure under emergency situations covers both internal and external,and the means include omitting steps,flexible forms,adjustment order,compression time limit,optimization and so on.Based on the fundamental requirement of human rights protection,the adjustment of administrative penalty procedures in emergency situations still needs to be within certain limits.The administrative organ should use the principle of proportionality as the measurement standard.If the purpose can be achieved through regular administrative penalty procedures,it is best not to exercise the"privilege"of adjusting the procedures.If it is necessary to exercise it,the appropriate type and extent of adjustment should be chosen according to the urgency of the situation.The administrative organ should take due process as the bottom line for adjustment and not simplify procedures such as identifying oneself,explaining the reasons,hearing statements and arguments,and informing rights,to ensure that the core elements and values of administrative procedures are not diminished.
emergency situationsadministrative penaltiesprocedural adjustmentproportionality principledue process
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