A Study Of Urgent Administrative Action's Validity Under The State Of Emergency

This paper aiming to redefine the connotation and denotation of "the state of emergency" should be taken account in the future development of the "emergency law".The state of emergency is a final measure to resume the normal order of constitutionalism, which is viewed as the most important significance for a nation and its society of maintaining a nation's vitality and its public order. However, urgent administrative action in the state of emergency may be illegal defects, so we need to study the validity of administrative actions at this time.Urgent administrative action under the state of emergency is a variety of administrative actions which authorize administrative subject to restore the society to normalization according to the Constitution and other relevant rules after the state of emergency was announced.This paper followed the traditional four-element theory of administrative action's validity. And this paper analyzed the content and form of urgent administrative action's validity under the state of emergency. The theory of the De Facto Force had been questioned in the academic, but we still need it as the form of limited the De Facto Force under the state of emergency. The impact of the state of emergency for the De Facto Force is some urgent administrative action which may not be accepted by the court, and the crime of distupting public service may not need the actions' absolute legality.Restraint Force may be postponed for the pause of aging under the state of emergency, and the procedure's reopen may be stricter. The state of emergency should not affect the unchangeable Force, though it may be changed by strict procedure and legal basis. The Enforceable Force should be ensured but not controlled under the state of emergency. The standard of significant and obvious can also be used to weigh the nullity of administrative action under the state of emergency. And to resist administrative action which is nullity can not be the crime of distupting public service. Automatical or announced end of the state of emergency may result to objective invalid of urgent administrative action.