The Realistic Dilemma of Citizen Rights Derogation and the Theoretical Response of Administrative Law From the Perspective of Public Health Emergency

Abstract

This paper features high-profile cases during the pandemic to analyze the legitimacy of the strict enforcement of administrative law and how the law itself serves as the legal basis for such actions, drawing references from the value of laws and the cultural heritage. Besides, the author points out various malpractices in the process of law enforcement in the hope of helping it strike the right balance between public interests and individual rights so that social stability and individual liberty can both be taken care of. The conclusion of this article is that China’s law-based anti-epidemic has set a model for all countries in the world. In the process of public health administrative emergency law enforcement, it is necessary to adhere to strict law-based administration on the basis of grasping the scope of rights derogation and protecting the basic rights of citizens, really achieving strict, fair and civilized law enforcement, and then realizing the integrated construction of a country under the rule of law, a government under the rule of law, and a society under the rule of law. This article uses the following research methods, such as investigation and research method, literature analysis method, comparative research method, and empirical research method.