Research On Administrative Emergency Behavior

Recent years, public emergency of the world scope brought serious disasters to the international society. Be public order defender, the administration organization needs to synthesize to make use of various administrative emergency behaviors to manage public emergency. How to guarantee administrative emergency behavior effectively and orderly, an important mission becomes international community in the public emergency management. After experienced "SARS" and "bird's flu"...etc. our country administrative emergency behavior system developed quickly. "public emergency management law" have already become one of the law system which need the point reviews in 2006. In the meantime, the administration organization also investigate public emergency system to keep with the section. Different from western developed nation, administrative emergency behavior system of our country is placed in a beginning stage still. So how to integrate our country current law resources, and to configure reasonableness administrative emergency behavior system, seem urgent.This text define generally theory of administrative emergency behavior for premise, take the development of administrative emergency behavior as foundation, thoroughly analyze the influence on the change of administrative emergency behavior principle , induce administrative emergency behavior value theories: Law rules regulations is the destination of administrative emergency behavior;Control power is the principle of administrative emergency behavior eternal;Public welfare is the worth choice of the administrative emergency behavior. Three aspects contact mutually and match moderately, and benefit mutually by all means, promote rule of law of administrative emergency behavior. Under the instruction of constitutional government principle both administration rule of the law and human rights guarantee, through the analysis and comparison on Chinese and Foreign administrative emergency behavior types, drawing lessons from western and absorb advanced experience, the writer tries to set up Chinese administrativeemergency behavior law system from four aspects: The first, Maturity kit Administrative emergency behavior, which realized mainly from instruction of the constitution basis and reasonableness building "emergency management law" and Speeding up to establish each section Administrative emergency law system;The second, Regulate the operation mechanism of administrative emergency behavior, which realized mainly from regulating information to publish system, establishing emergency procedure mechanism and explicit administration power;The third, Establish asks responsibility system in the public emergency, which realized from asking self-responsibility and different body to supervise administrative emergency behavior;The fourth, Sturdy administration opposite person's relieves system in public emergency, which realized mainly from building argument and reconsider system the opposite person and building administration mechanism compensation and nation indemnification in the emergency mechanism.The text stands on a new angle of view: It takes history grain of administrative emergency behavior and principle change of administrative emergency behavior for premise. Comprehensive used substantial evidence analysis method and analytical method, used administration management and administration law to study academics theories, the writer analyzed domestic and international case example thoroughly. At the domestic and international administrative emergency behavior type more analytical foundation up, the writer tries to re-integrate current law resources, and carry on law rules and regulations to our country administrative emergency behavior movement system. In administrative emergency behavior implement, since maintain public welfare, and guarantee private benefit. Attain coordination and unify, and bring certain reality instruction to administrative emergency behavior.