The Exercise Of Administrative Power In Emergency

In the practice of administrative management in our country, there is a special situation where legitimate rights of citizens are at an clear and present danger.However, in theory there are few studies discussed these problems, such as how to define such an emergency situation, the exercise system of administrative power in the case of emergency, and the relief system of civil rights. Because exercise of the administrative power in emergency is universal in practice, but in theory research is almost blank,It is bound to lead to this result------ it is difficult to get a theoretical explanation and guidance in the case of administrative power in administrative and judicial practice.In this paper, firstly, through a case we draw out the relevant issues of the exercise of administrative power in emergency situations, and then explain the basic concepts and characteristics of the exercise of administrative power in emergency situations. In this article, the emergency situation is defined as a kind of situation where the personal right or property right of the citizen is in obvious and present danger. And further analyzes its characteristics, as well as the characteristics of the exercise of administrative power in emergency situations.Next, exercise of the administrative power in emergency is divided into three levels, the exercise of the administrative power within the general law, the exercise of the administrative power under special law, and the exercise of the administrative power beyond the substantive law. This paper expounds the theoretical issues related to regulate the exercise of administrative power which is beyond the substantive law,and it considers that the exercise of the administrative power beyond the substantive law in the case of emergency has the following theoretical support for necessity,administrative discretion, human rights and civil rights protection principle, And further expounds the approach and some specific standards to limit the administrative power beyond the substantive law. What? s more, we discuss the administrative authority legitimate of corrections and rights relief system in theoryand system. On this basis, through the analysis of the status quo of China’s legislation and legal norms, this paper points out the shortcomings of the system,and puts forward some suggestions for the perfection of the system in the end.