比例原则下隔离措施的适用逻辑与规则展开
The Logic and Rules of Application of Quarantine Measures under the Principle of Proportionality

在突发公共卫生事件背景下，具有行政强制性特征的隔离措施是切断传染源、保障公民生命安全的有效防控手段，但其实践中存在着隔离对象界定范围不清、隔离措施失范等诸多问题。比例原则作为平衡公民权利与公权力之间关系的“帝王条款”，具有引导和规范公权力行使、保障和完善公民权利的重要作用，具有适用的可行性与必要性。规则展开层面，应结合隔离措施的种类、特征采取相对应的审查标准，把握比例原则的具体适用规则，以便规范隔离流程，建立良好的隔离措施制度配套机制，使公权力得到有效规制、个人权利得到及时救济。
In the context of the public health emergencies, quarantine measures with administrative compulsory characteristics are efficient prevention and control means to cut off the infectious source and protect the lives of citizens. However, in practice, there are many issues, including a hazy definition of isolated objects, unconventional quarantine measures. As an “imperial clause” that balances the relationship between private rights and public power, the principle of proportionality is both feasible and essential in its application. It plays a significant role in directing and regulating the exercise of public power as well as protecting and enhancing citizens’ rights. At the level of rule development, it is necessary to consider the types and characteristics of isolation measures and adopt corresponding review standards to grasp the specific rules of application of the principle of proportionality. This will help to regulate the isolation process and create a strong supporting mechanism for the system of isolation measures, allowing for the effective control of public power and the prompt redress of private rights.