The application of the principle of proportionality in administrative emergency measures
Chen Xinya

Southwest Minzu University ,Chengdu China,610041;

Abstract:Administrative emergency is the core mechanism for the country to respond to emergencies and maintain public safety. However, under the tension of power expansion and civil rights reduction, how to ensure the legitimacy and rationality of emergency measures has become a key issue. As the “emperor clause” of administrative law, the principle of proportionality provides a normative framework for the exercise of emergency administrative power through the three-stage review of "appropriateness, necessity and balance." Based on the theory and case, this paper aims to explore the specific application path, practical challenges and optimization direction of the principle of proportionality in administrative emergency.

Keywords:major emergency; administrative emergency; proportional principle; administrative emergency behavior

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