Research On Emergency Decision-making Procedures For Mass Emergencies

The outbreak of mass emergencies has seriously threatened the social security and stability of one or more regions.Whether the administrative organ can control and eliminate the crisis quickly and effectively is a great test of the governance capability and governance structure of the government.And it embodies the authority and credibility of the government and the administrative organs.The emergency rule of low in our country gives the administrative authority the right to make emergence decision-making,but ignores the guarantee and control of the procedures and lacks necessary space of elastic system.To some extent,it restricts the rapid disposal of mass emergencies.Therefore,to realize the legalization,democratization and scientization of emergence decision-making procedure in mass emergencies,it is necessary to improve corresponding procedure construction and legal guarantee system.In this way,it can make the main body of emergence decision-making in high efficiency to deal with crisis,make the society stabilized and improve the capacity of administrative organs to administrate according to law.At the same time,we can accumulate practical experience for the early development of a unified administrative procedure law.This article introduces the concepts of mass emergencies and emergency decision-making.By analyzing the difference and relationship between emergency decision –making and routine decision-making,it is concluded that the emergency decision-making is not completely non-procedural decision.And the use of emergency decision-making power should also follow certain procedures and principles.At the same time,the administrative organ should have necessary discretion to deal with crisis in the process of handling mass emergencies.However,the current emergency legal system in china does not give the emergency decision-making procedure a certain flexible system space.It leads to many problems in the decision-making process of mass emergencies,and these problems greatly restrict our country to realize the legalization of the emergency decision-making procedure of mass emergencies.In view of above problems,learning from the western countries' emergency decision-making system and a series of legal safeguard mechanism for the emergency decision-making procedure,the concept of "minimum justice" in American procedural due process is analyzed,and a series of solutions are proposed.It also puts forward that the responsibility exemption mechanism should be established to motivate the decision-making body to make decisions quickly.In addition,it should make clear the termination procedure of emergency decision-making in the legislation to prevent the administrative organization from using emergency decision-making power to get benefit which results in unlimited damage on citizen's legal right and influence on government's credibility.Finally,it points out that the implementation of the emergency decision is "imperfect procedural justice",and the procedural flaws of emergency decision-making can be corrected through a series of post-mortem legal safeguards.And through the program design,it can realize the efficiency and the maximum protection of the citizen's rights and interests from the excessive infringement of public power.Also,it brings benefits in adjusting the relationship between the administrative organs and the public,realizing the legalization of mass incidents emergency decision-making procedures,and promoting the construction of socialist modern country under the rule of law.