2.1. Administrative Compulsion in Response to Major Epidemic Situations
Administrative compulsion in response to a major epidemic is essentially an emergency administrative compulsion, mainly referring to compulsion directly imposed on the personal freedom or property of the administrative counterpart to achieve the administrative purpose after the administrative subject declares a state of emergency [
1]. The characteristics of this administrative act have two aspects. First, the prerequisite for the implementation of administrative compulsion must be that the emergency mechanism begins the state of emergency stipulated by law. It is a state in which the national interests, public interests, or social order are in serious danger. The second is the coercive measures taken by the administrative subject against the administrative counterpart without legal obligations to prevent the expansion of the state of emergency. The main functions of administrative emergency coercive measures are managing emergencies promptly, governing social chaos, and guiding public behavior in a state of emergency.
Due to the danger, threat, and urgency of a state of emergency, it is difficult to manage a state of emergency and restore social order using only general means or measures to manage society effectively. It is necessary to endow the government with special and greater administrative power, namely, emergency administrative power, so that the government can effectively and promptly organize and use various resources; take strong measures to respond effectively to the state of emergency; eliminate dangers; manage the crisis; maintain or restore normal constitutional and legal order; ensure people’s life, health, and the safety of their property; and minimize the possible losses caused by the state of emergency [
2]. The particularity of emergencies often means that emergency power deviates from clear and detailed legal norms, operating flexibly by changing the conventional system, suspending the implementation of laws, and suspending the protection of some rights. This is an almost intolerable situation in the modern legal system, with its basis in formal rational norms and its basic goal of safeguarding order and human rights [
3].
In response to major epidemic situations, the subject of administrative compulsion in a narrow sense refers to the emergency command organization authorized by laws and regulations. According to The Regulations on Public Health Emergencies, China has established two levels of emergency command organizations: one is the national emergency response headquarters established by the State Council, and the other is the local emergency response headquarters established by the people’s governments of provinces, autonomous regions, and municipalities directly under the central government. In a broad sense, the subject of administrative compulsion also includes the administrative subject with the right to implement administrative compulsion, including administrative health departments, disease prevention and control departments, public security departments, and market supervision and management departments. These administrative organs are not only the most directly responsible for law enforcement and maintaining order in general but also the most directly responsible for restoring order in special cases. Emergencies provide them with a unique opportunity to exercise a special degree of discretion [
4]. The object of administrative compulsion mainly refers to the administrative counterpart who is subject to administrative coercive measures, mainly including patients who need isolation treatment and medical observation measures, patients who may be infectious, and the close contacts of patients with infectious diseases.
In response to the first wave of the outbreak of COVID-19 in 2020, most political organizations around the world adopted a strong policy to implement rules and regulations, including closing unnecessary businesses and imposing curfews [
5]. As far as China is concerned, all provinces, municipalities, and autonomous regions, including Hubei, launched a first-class response to a major public health emergency involving almost the whole country’s population. The implementation of administrative compulsion is the key for the administrative subject to take control of major epidemic situations. In major epidemic situations, normal restrictive measures are not enough to maintain public safety and protect the life and health of the people. Therefore, special response measures are needed. The laws and regulations concerning public health emergencies in China adopted during the COVID-19 outbreak involved coercive administrative measures, including compulsory isolation and isolation treatment, compulsory inspection and observation, compulsory quarantine and inspection, mandatory storage, compulsory acquisition and requisition, limiting or stopping concentrated activities, and lockdowns of outbreak areas.
During the epidemic, it has become clear that the prevention, control, and restrictive measures achieved results. These positive changes were inseparable from the strict prevention and control measures taken throughout the country. However, in specific operations in some grass-roots areas, there were disturbing new phenomena involving extreme oversimplification, rudeness, and overcorrection. For example, residents’ lives were difficult because they are required to isolate in their homes; those who go out and run without masks are forcibly isolated. Some homeowners, tenants, and even medical staff are not allowed to return to their own homes. Under the banner of epidemic prevention, you cannot do whatever you want. In general, the behavior of some epidemic prevention personnel violates public security management law. However, some individuals may engage in criminal behavior, such as the abuse of power, deliberately destroying property, and intentional injury. Therefore, strengthening compulsory measures and popularizing education on administrative compulsion during the epidemic can play a strong protective role in carrying out reasonable administration within the law and protecting the basic rights and interests of citizens.
2.2. Combing the Measures of Law Popularizing Education under Administrative Compulsion
In combination with the notion of administrative compulsion in response to major epidemic situations and the provisions of laws and regulations, the government is obliged to carry out emergency education for the public. The law popularizing education on administrative compulsion in response to major epidemic situations refers to the educational activities carried out by the educational subject for the educational object, with the main purpose of understanding and mastering the legal knowledge of administrative compulsion, improving the government‘s ability to prevent and control according to the law, enhancing the people’s awareness of the rule of law, and providing a strong guarantee of the rule of law in epidemic prevention and control.
The subject and object of administrative compulsory law popularization education in response to major epidemic situations can be analyzed from two aspects: education management and education implementation. The first level involves the subject and object of education management. The subject refers to the relevant administrative departments that manage the activities of compulsory administrative education. It is mainly responsible for the top-level design of compulsory administrative education, mainly covering educational policy, educational direction, educational decision making, and overall education planning. It should be noted that these administrative departments do not directly participate in the specific process of administrative compulsory law popularization education activities. The subjects of administrative compulsory legal education in response to major epidemic situations refer to emergency command institutions, competent health administrative departments, and other relevant departments. The object refers to the teaching and publicity personnel who directly participate in the administrative compulsory law popularization education activities, as well as the general audience who receive the administrative compulsory law popularization education. The second level involves the subject and object of education implementation. The subject is mainly the education publicity department of administrative compulsion, that is, the executor of the education policy and the publicity plan for the teaching. In the process of teaching, educators of administrative compulsory law popularization must pay attention to imparting administrative compulsory legal knowledge to the audience. The administrative compulsion educators do not simply convey the dogma of administrative compulsion laws and regulations. They also organize and guide the whole process of publicity and education activities. The broad masses of the people receiving the education are the object, i.e., those who need to be educated. For example, in-depth publicity and education activities on the theme of “Public Epidemic Prevention and Control of the Rule of Law” are carried out among teachers and students on campus. They make full use of online platforms and other publicity and education, carefully organize the propaganda and interpretation of laws and regulations related to epidemic prevention and control, comprehensively construct a healthy learning and propaganda Internet legal literacy position, and provide a more efficient and effective learning channel for teachers and students.
The specific measures of administrative compulsory law popularization education in response to major epidemic situations mainly include the following two requirements. First, there is the need to publicize the legitimacy of administrative compulsion and the illegality of not accepting government regulations. For an accurate and effective publicity system for the rule of law, there is a need for a notification system and an efficient link between public announcements of the rule of law and judicial law enforcement. This link must extend to public legal services, conflict and dispute resolution, and government departments so that the foresight and initiative of the work are continuously enhanced [
6]. The second requirement is to provide legal services for administrative compulsion, to arrange daily public consultations, and the prompt resolution of any infringements to rights and interests caused by improper administrative behavior, whereby there is classified guidance, policy guidance, legal advice, and compliance intervention [
7]. The public service function of legal services organically combines the gravity and convenience of justice, building an emotional communication bridge between quasi-justice, justice, and the public, promoting the public’s perception and recognition of judicial justice, their compliance with the law, and their belief in the rule of law [
8]. However, not all citizens have a clear concept of the legal system. For example, a man living in a community on Happy Avenue, Hongshan District, Wuhan, refused to cooperate with the community lockdown. He maintained that the relevant provisions on lockdowns of provincial and municipal communities were illegally enforced on his community and were abused by the police on duty. When the police and community cadres of the Qingshan Branch of the Wuhan Public Security Bureau tried to persuade a man to wear a mask near the Badajia Garden community, the man refused to cooperate, provoking and threatening the police, saying he would rather wear handcuffs than wear a mask. The two men in these cases were sentenced to administrative detention and other penalties.
Of course, it must be recognized that during the epidemic prevention and control period, individuals must abide by the law and must cooperate in the prevention and control of the epidemic. However, the law enforcement behavior of relevant departments must operate within the rules. Requiring responsible departments to enforce the law is consistent with requiring citizens to abide by the law to prevent and control the epidemic. Both sets of actions are needed for the rational operation of social life under the framework of the rule of law. If epidemic prevention does not follow the rule of law to the letter, it is inevitable that a group of people with some power will emerge. They will not be able to behave responsibly. Their use of power will become excessive and illegal. Therefore, to ensure the personal safety of every citizen, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly formulated the “Opinions on punishing the illegal epidemic prevention and control of infectious diseases caused by New Coronavirus infection in accordance with the law” (hereinafter referred to as the “Opinion”). It is clear that the law is applicable to all kinds of illegal and criminal acts occurring during the current COVID-19 epidemic. This includes behavior management for those who refuse to wear masks and will not be persuaded otherwise. The Opinion pointed out that other people who refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the law on the prevention and control of infectious diseases, and whose behavior does not constitute a crime, will be punished by the relevant public security organization. The punishment will be in accordance with the provisions of the laws on public security administration and punishment for breaches of public order, troublemaking, refusing to obey orders under emergency conditions, and hindering the performance of duties by the relevant departments.
2.3. Significance of Law Popularization Education on Administrative Compulsion in Response to Major Epidemic Situations
The application of administrative compulsion in response to major epidemic situations plays an important and positive role in society. Carrying out relevant law popularization education can improve the legal level of epidemic prevention and control, promote the operation of government under the rule of law, and improve the level of administration according to law. In addition, it can educate and guide people to enhance their awareness of the rule of law, and to support, cooperate, and participate in the legal means of epidemic prevention and control. It is embodied in the following five aspects: First, the spreading of the correct concept of rule of law. Historically and theoretically, the opposition of the rule of law to any form of arbitrary rule often turns into general opposition to any form of discretionary action. It occupies a very important position in modern constitutional theory and practice, making it difficult to imagine that power is exercised outside of a judicial framework. Administrative compulsion is one of the most authoritative and efficient administrative acts implemented by the administrative subject in response to major epidemic situations. Education on administrative compulsion can encourage the public to acquire relevant legal knowledge and enhance their concept of the rule of law. This helps the administrative subject to use a variety of policy tools to mobilize the strength of society as a whole and to allocate various available resources to manage the crisis. The law popularization education on administrative compulsion in response to major epidemic situations is different from general law education. Its educational tone can serve the overall situation of national epidemic prevention and control, maintain a rational focus on positive energy, and peacefully convey the ideas of prevention and control according to law and governance to ensure the correct orientation of education.
Second, the cultivation of citizens’ legal beliefs. The outbreak of a major epidemic often has fatal consequences. It is directly related to the life, health, and safety of the people. The urgency of the risk of major epidemics means that the necessary measures must be taken quickly and promptly. Adhering to the scientific methodology of overall consideration, the law popularization education on administrative compulsion in response to major epidemic situations, on the one hand, considers the long-term top-level design. On the other hand, it focuses on practice, solving the current practical problems and helping to develop the national habit and belief in the rule of law. In the long run, education on administrative compulsion gives full play to the basic regulation, institutional guarantees, and fundamental guidance functions of the rule of law. It ensures the correct orientation of prevention and control education according to the law and guides the public to enhance their awareness of the overall situation and the rule of law [
9]. At present, education on administrative compulsion makes the public realize that the exercise of government power is not arbitrary, not because of the people who administer the power, but because it is based on the law. This helps people to understand the rationality of various epidemic prevention measures [
10]. Strengthening education on administrative compulsion will help the government to administer according to law and to standardize the behavior of administrative subjects, making citizens recognize the concept of the rule of law of administrative compulsion and cultivating their informed legal belief.
Third, the enhancement of citizens’ collective consciousness. Administrative compulsory education provides people with an opportunity to learn to use the principle of collectivism to understand the relationship between personal security and collective security and to appreciate the dialectical and unified relationship between personal security and collective security. Without collective security, there will be no personal security. With collective security, personal security can become stronger. The implications of the relationship between the individual and the collective in socialist collectivism are more evident during major epidemic situations than at any other time [
11].
Fourth, the code of conduct restricts citizens. The goal of administrative compulsory education in a major epidemic response is to eliminate the adverse impact of an epidemic-induced crisis on the public. However, as a result of some negative situations in administrative compulsion, the administrative counterpart can easily doubt the authority of the administrative subject as the representative of public interests and even instinctively contradict all the acts of the administrative subject. This has greatly hindered the realization of administrative objectives and may even have stimulated new social contradictions, which are not conducive to the control of major epidemic situations. Strengthening education on administrative compulsion in major epidemic situations will help people to understand, support, and cooperate with epidemic prevention and control measures.
Fifth, the maintenance of a stable social order. Public health emergencies, including major epidemics, are generally unexpected. After a sudden outbreak, they often spread rapidly on a large scale, easily leading to chaos in the whole social order. As the main control means of the administrative subject, the purpose of administrative compulsion is to promptly and effectively control the spread of a virus and assist society to restore a normal order. Strengthening education on administrative compulsion will help to achieve this goal.