Abstract: The state of "proper imbalance" between public power and private power refers to the special state of relative imbalance between the powers accompanied by the promulgating and implementing of various emergent laws and policies. The public and private rights in this state are different from the normal, which are presented as the reasonable expansion of public rights and the appropriate restriction of private rights. This special state is the right state to deal with public emergencies, characterized by rationality and legitimacy. In the context of the prevention and control of Corona Virus Disease 2019, the main purpose of this state is to ensure the life, health and safety of citizens. Medical institutions are directly related to citizens' life, health and safety. Solving the problems faced by medical institutions is the key to further realizing the purpose of "legitimate imbalance" and maintaining its legitimacy. Through the analysis of policies and related accidents, it is considered that the most urgent problem faced by medical institutions is that there is a phenomenon that it is difficult to abide by the law when they undertake the epidemic prevention function. In this regard, it is proposed to solve problems from three ways: medical institution measures, government actions and legal regulation.