Research On Several Legal Problems About Emergent Administration

Public emergency plays a very important role in constitutionalism. Accordingly, it is extensively and intensively researched by the theoreticians all around the world, and quit a few countries have their own relatively perfect legislations about public emergency. However, the construction of legal system about public emergency in our country is just underway. As a measure of the government in public emergency, emergent administration must be included in the legal system because of its significance and particularity. Limited to the length of this dissertation, the author researches several important legal problems about emergent administration, which is based on the construction of institution.This dissertation includes three parts. Surrounding the obtainment of the power in emergent administration, chapter one analyses the definition of public emergency and differences between public emergency and other relative conceptions. At the same time, from the point of view of substance and procedure, chapter one discusses the legal essentials when obtaining the power in emergent administration. Chapter two introduces the concrete contents of the power in emergent administration and the principles when exerting it. The exertion of the power in emergent administration is chiefly embodied in legislation of emergent administration and decision of emergent administration. Several principles must be observed in the process of exerting the power in emergent administration, which are principle of legality, principle of absolute human rights, principle of proportionality, principle of open, principle of supervision, principle of responsibility, principle of relief, and etc. Chapter three concentrates on the construction of those institutions that are nearly relative to emergent administration. For the sake of ensuring that the emergent administration is carried out successfully, the institution of alertness in advance should be established as an attached institution of public emergency. As remedy, institution of emergent assistance from military organ, institution of administrative litigation, institution of administrative compensation and institution of administrative equalization isnecessary. Besides, finance mechanism, insurance mechanism, nongovernmental organs and volunteers are also very important to emergent administration.