近年来,特别是在“非典”、5.12大地震、“甲流”、玉树地震等一系列重大社会危急事件中,政府决策一再“突破”法律规定,公民权利受到诸多限制,引起合法性质疑。但在现代民主法治国家,应急行政决策依然需遵循合法性原则,只是由于其特殊性无法适用一般的合法性标准,而应有其独特的标准,并据此标准构建应急行政决策的法制体系。 In recent years, especially in a series of major social crises such as “SARS”, 5.12 Earthquake, “A Current”, Yushu Earthquake and other major social crises, the government has repeatedly made “breakthroughs” in its decision-making and many restrictions have been imposed on civil rights , Aroused the legality question. However, in modern democratic rule of law, emergency administrative decision-making still needs to follow the principle of legitimacy. However, due to its particularity, general legitimacy standard can not be applied. Instead, it should have its own unique standard and establish a legal system of emergency administrative decision.