The Analysis Of Legal System In Police Emergency Administration

Nowadays the deficiency of emergency powers of police and administration is quite obvious in china, including lacking of unifying legal norm, being imperfect in early warning mechanism and procedures, and having no sound relation norms with individuals and other organizations when the police executing Executive emergency power. Beyond all doubt, emergency powers of the police and administration of the legal system will be of vital importance.Strengthening the study of the police and administration of the legal system in the emergency context has not only refined and supplemented the administrative law theory but also has great significance in improving the "Emergency Response Law", accelerating the development of "emergency law",regulating and supervising the police administration and enforcing the awareness of protecting the rights of citizens.The current academic research of standards for the Government's response to emergency has sprung up. However the search to put the emergency powers of the police and administration of the legal system as a separate object of study is seldom, and this is rather inconsistent with its status; Moreover, from the existing national emergency powers of the police administrations point of view, the research of the executive emergency power for the police is much left behind by its present development. Generally speaking, when polices are confronted with emergency, the authorities of office,duties and legitimacy need to be estimate; and the basic principles and procedures for soloing the problems such as how to deploy the police emergency powers to overcome the crisis, how to prevent abusing of executive emergency power and other issues have not yet been studied thoroughly and carefully.Considering the above-mentioned background and the present situation, the author expounds the operative context and connotation of the police's power of emergent administration. According to the general authorization, the police authority executes a series of special administrative powers, which are concise in procedure but stronger than the normal ones, when emergency occurs in order to clear up the crisis and restore the normal condition. But it cannot apply to the cases of politics and war. This paper also states that the police's power of emergent administration is different from its administrative power in normal conditions as well as other authorities' administrative power of emergency. Furthermore, it proposes the theories of "General Authorization" and "Supplementary Clause" and also gives some theoretical framework and suggestions on the operating mechanism of our country's police's power of emergent administration. Finally, it sheds light on the direction of the future development of our country's police's power of emergent administration.