Legal Analysis On The Exercise Of Administrative Emergency Power

Emergencies as to normal state,is a special state which has great harmfulness and need to cope immediately. In this case, the government has an unshirkable responsibility to calm the emergency, maintain civil rights and restore normal social order, when the exercise of administrative emergency power was indispensable. And the administrative emergency power as the nature of public right exists the problem that rigid exercise in the spare,resilient not enough and insufficient criterion. In order to protect the citizens' rights under emergency state, prevent the abuse of administrative emergency power legal regulation is necessary. But up to now, there haven't been a uniform Emergency Law in our country.We have to turn to single disaster relief laws and regulations, Emergency Treatment Law or relevant administrative laws and regulations when dealing with increasing emergencies. The exercise of administrative emergency power in emergencies lacks of relevant legislations of laws and systems. As a result, it has been potential trouble to guarantee and help civic rights which can be easily aggressed in emergencies, and a reality problem which shall be solved with all efforts by modern democratic countries of an adequate legal system.Therefore, the paper has aimed to promote the legislation of exercising administrative emergency power by analyzing the basic theory of administrative emergency power. Based on the analysis of legislation of exercising administrative emergency power in foreign countries and domestic legislation of emergency status, the paper has focused on the relevant legislation on emergency and problems of practical administrative emergency in scope of application, process standard, right guarantee and relief, and supervision and accountability. Furthermore, the paper has attempted to put forwards feasible suggestions such as strengthening emergency legislation system, perfect administrative emergency power exercise program, establish administrative emergency power exercise jurisdiction, perfecting the remedy channels, establishing the administration emergency power supervision and accountability mechanisms.To make some beneficial exploration on improving legislation of exercising administrative emergency power in emergencies.