On The Legal Control Of The Administrative Emergency Power

The modern democratic constitutionalism country take advocates the government by law, the safeguard human rights as the first essential meaning, the exercises of the state power must have the legal foundation, citizen's right must obtain legal safeguard, regardless of in the ordinary time or the unusual period is so. But the democratic constitutionalism system is for the ordinary time, and during the unusual period when the country's social order suffers the destruction, it displays the effect with difficulty. However, state power cannot accomplishes nothing, the country must undertake the administrative emergency power different from the normal time to be supposed to the crisis, restore the normal social order, maintain the national security and protect the citizen rights and interests. Although the administrative emergency power has no legal restraint, if it drifts away outside the legal system, the modern country under the rule of law cannot tolerate it. Thereupon the emergency legal system has arisen at the historic moment, it conforms the objective existence of the administrative emergency power by legal form, and it regulates the exercises of the administrative emergency power by a set of different legal system, and it enables the operation of the administrative emergency power not to deviate the law track of the constitutional government country.In the foundation of massive literature material, and from the angle of view which unifies the administrative jurisprudence by the constitution study, this article obtains from the implication of the administrative emergency power, analyzes the objective necessity as well as the legal control pattern of the legal control to the administrative emergency power, and then analyzes the present situation and the insufficiency of this problem in our country, and proposes some conceptions to consummate the legal control of our country's administrative emergency power.The paper is altogether divided into three parts: the introduction, the main text and the conclusion. Main content as follows:The introduction partially introduces the importance of the legal control to the administrative emergency power, the development condition of the western nations in this domain as well as the insufficiency of our country in this aspect. In this foundation, the author has drawn out this article's research key—research on the legal control of the administrative emergency power in our country administrative emergency power legal control.The main text has partially launched from five aspects to the discussion of the law control to the administrative emergency power. First, promulgates the implication of the administrative emergency power; Next, analyzes the objective necessity of the legal control to the administrative emergency power; Third, inspects the legal control pattern of the administrative emergency power; Fourth, analyzes the present situation and the insufficiency of law control to our country's administrative emergency power; Finally, proposes some perfect countermeasure about the law control to our country's administrative emergency power.The conclusion partially points out that, we must carry on the legal control to the administrative emergency power if we want to make the defense emergency system become the basic system to realize the Constitution's value. Formulating "Emergency Law" as the fundamental law to regulate our country's administrative emergency power will be the key content in our country's legislation practice in the future. Simultaneously, the author believes that, we should considerate the question of the legal control to the administrative emergency power under the background of the legislative work, and achieve the perfect goal gradually.