Research On The Administration Emergency Power In Sudden Public Health Incidents

As the sudden public health incidents bear the characteristic of sudden, social, harmfulness and so on, it's a serious threat to people's lives and health and safety, which influence the steady development of national economy. As a social and public affairs manager, the executive has the responsibility and obligation to actively deal with public health emergencies, control the affected area to minimize the harm of personal and property losses caused by it, the law gives the executive the power of certain special power-- the emergency power. For the executive, Emergency power is a powerful weapon responding to public health emergencies, but is also a kind of vulnerable abusive power. Therefore, we must incorporate the emergency power into the track of the legal system.At present, China is in a period of public health emergency. In order to control public health emergencies effectively, China formulated a series of laws and regulations, the emergency powers get a very full embodiment, but there are also many problems. Of these, the influence of the private rights because of the unlimited expansion of the emergency power is of particular concern. The research combined the practical condition of public health emergencies, discusses deeply and specifically on the related problems of administration emergency power, to assure its legal and correct use. At the same time do the research on the legal system of China's public health emergencies, pointing out the lack of laws of this matter, and find a solution for the existed or possible existed law conflicts. Meanwhile, research on how to make the clear and specific legal provisions, to prevent the abuse of the emergency power and protect basic civil rights and legitimate interests, it is of a positive significance.The paper is divided into four chapters. The first chapter mainly discuss the concept, types and characteristics of the public health emergencies, and the reasons for the high chance in recent years in our country; the second chapter first discuss the general theory of emergency power, then points out it's application is of complete rationality and necessity in the sudden public health incidents, also points out that in order to prevent the abuse of power, to ensure that the legitimate power of emergency is effectively exercised, we should adhere to certain conditions, to comply with certain principles, as well as carry out the necessary supervision, in addition to correctly handle the relationship between that and the good basic civil rights; the third chapter does some basic research of the legal system of public health emergencies, explores the problems and deficiencies in national legislation and specific system; the fourth Chapter gives the main proposals, including adhering to the principle of emergency, improving legislation and further improving the administration acquisition and compensation system.