| The law adjusts the society in normal condition as well as regulates it .In 2003, epidemic SARS broke out in China, which revealed the weaknesses of the emergency--coping system of our country. It aroused people's attention on this problem. Many scholars called for constituting emergency state law immediately, and the government also took urgent steps to resolve this problem. In March, 2004,the amendment bill of constitution was passed and the emergency legal system was established. And at the same time, the emergency state law was in the process of coming into being. In a word, the improvement of the emergency powers system is not only a significant problem of theory, but also of practice. This paper sets out to study how to strengthen the control of state's emergency powers by the law in unusual conditions. Power is prone to be abused, and our state's emergency power is a lot easier to be abused in unusual conditions. The focus and the difficult of rule the country of law lies in the control and regulation of state's powers. In this sense, constitution is the law that controls the power. Thus it makes control the state's powers by constitution and law in abnormal conditions extremely important. Making the state's emergency powers part of ruling law is one of the most important gradients of the rule the country of law project. We should be aware of a dangerous tendency that seeing the emergency state law simply a legislative tool of government to deal with and response to crisis, which magnifies government's power and simplifies the procedure of law, providing solely the government with convenience to the neglect of the legislative limit of the operation of emergency power. This paper falls into four parts: The first chapter is general introduction. First, through the analysis of the concept and theory ground of state's emergency power, indicates that state's emergency power is the product of constitutionalism and there was no such thing as emergency power in arbitrary society or dictatorial country; emergency power must not go beyond the constitution; the ultimate aim of emergency power is to bring the constitutional order to normal condition; the relationship between items of emergency power in constitution and constitution is the relationship between special law and common law. Secondly, analyze the reason why the state's emergency power is apt to be abused and emphasis the need to control the state's emergency power by law. We should be alert to the double—blade effect of emergency power, preventing its side effect of breaking the law and infringing human rights. At last, I look back on the history of our country's emergency power system and conclude its experiences and lessons, from which I make clear how we should behave in present days.The second chapter discusses the real conditions under which to control emergency power. Conditions include: specific legislative definition of emergency state; normal constitutional order be the ultimate goal of the operation of emergency power; power division principal to operate emergency power; emergent measures must taken under the law, with clear legislative ground, and in accordance with the level of emergent state. Finally, emergency power must not infringe basic human rights. The base line of citizens' rights that stated explicitly in constitution—the non-derogated basic human rights, is a significant method to restrain emergency power.The third chapter discusses the procedures that control the state's emergency power, indicating that control the procedure is more important than control the real conditions, and the effect is also more distinct. In the process of exercising emergency power we should pay attention to the key factors as the announcement, the time limit and the appropriate surcease of emergent state, preventing the abuse of emergency power. The last chapter studies the supervision of emergency power. Through the review the history of Germany constitution, it indicates the importance of the parliamentary supervision to...
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