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非典突发事件从新的角度对我国法治建设提出了挑战。它不仅考验现行法律体系和政府体制,而且考验政府的法治观念。事实证明,只有法治才能为应对突发事件提供可靠的制度保障。紧急状态来临时,在正常状态下被遮蔽的法律制度中的缺陷可以被暴露和发现,从而有利于进一步完善现有的法律制度,并实现法治的跳跃性发展。但同时我们也要充分注意到紧急状态下立法的局限,把握适用紧急处置权的原则,及时对因紧急状态立法而出现的法律规范间的矛盾进行协调,健全相应的机制和制度,进一步完善法治。非典突发事件也集中揭示了我国宪政存在的问题。能否成功地应对突发事件在很大程度上取决于能否自觉地见微知著,从宪政角度认识问题,取决于能否制定和强化各种保证政府依法行政的具体法律机制和程序,从而推动我国宪政的发展。
SARS emergencies challenge the construction of rule of law in our country from a new perspective. It not only tests the current legal system and government system, but also tests the government’s concept of the rule of law. Facts have proved that only the rule of law can provide a reliable system to deal with emergencies. When the state of emergency comes, the defects of the legal system that is obscured under the normal state can be exposed and found out, which is conducive to further improving the existing legal system and realizing the leapfrog development of the rule of law. At the same time, however, we must also pay full attention to the limitations of legislation in emergencies, grasp the principle of applying emergency disposition, timely coordinate the contradictions between the legal norms arising from legislation on emergency situations, improve corresponding mechanisms and systems and further improve the rule of law . SARS outbreak also revealed the problems of constitutional government in our country. The successful response to emergencies depends to a large extent on whether we can consciously and apprehend it. Understanding the issue from a constitutional perspective depends on whether concrete legal mechanisms and procedures can be formulated and strengthened to ensure that the government administers the law according to the law so as to promote our country Constitutional development.