The Study Of Administrative Treatment Mechanism From The State Of Emergency

Along with the State Department :"Plans of national public unexpected events"of release, symbolized the framework of emergency system has taken shape. Look back for several decades, all kinds of unexpected public events occurred frequently, how to cope with emergency efficiently and timely is a big challenge to governments. China is one of the countries which suffered from natural disasters worst, the disaster of china has the feature of being frequent, seasonal and regional. Especially in the new stage of modernization and the crucial time of reform and development, along with the industrialization, urbanization, accelerated development, new situations and problems constantly emerge, natural disasters, serious accidents, major public health and social security incidents occur from time to time. Establishment of public emergency mechanism, system and legislation are urgently required.There is an old saying:" preparation is the key to success ".The acceleration of Chinese social transformation shows that we have entered a period frequent public emergency. It is almost certain that the public crisis aroused by emergency will frequently occur. In the year 2003, the alarm sounded by"sars"and"avian flu"is still around us, in the year 2004 the Indian Ocean tsunamis brought endless pain to people and nations, in the year 2005, the Pandora box opened to people once more, hurricane, earthquake, avian flu, blizzard and mining accident. All these nature disaster not only threaten the lives and property of local residents, but also affect the whole world though the sensitive nerve of market.From this, we can see public crisis and emergency is the normal situation of abnormal. It contains energy, transport, health, environment, security, and other aspects, all the countries are facing the problems of how to keep the economic development and cope with the challenges of emergency. So, the government should be given more power when it is facing public crisis, more tolerance of using unconventional measures should be given to the government. It is the inevitable way to crisis control and protecting the public interest. But on the other hand, there are two meanings of"the rule of law": obeying the law and the law we obeying is justice. So, no matter what the situation is, the power of government should not be unlimited expanded, public power limitation is necessary to a health a society ruled by law. Clearly, this is one pair of contradictionsIt is gratifying that in the course of fighting with"SARS", the State Department enacted the"Plans of national public unexpected events", 2004 NPC Constitution clearly enacted "state of emergency" in the Constitution, in the year 2005 the State Council has issued the " Plans of national public unexpected events" (hereinafter referred to the "plan"), The building of the legal system shows the progress of emergency legislation and the emergency legal system has begun to take shape. But this is far from enough. The article began to discuss from the basic concept like"public emergency reaction","emergency state","administration of crisis". On the basis of research results in recent years, the article addresses that the government power should play a more important role in the public emergency legislation. So, the article mainly stresses that is the nature of government power operation under the circumstance of public crisis? What is the content government power operation? And integrate with the actual case to analyze the cases of how the rights of citizen was disputed, on the basis of pubic emergency legislation all around the world, the article is departed into 4 parts:Partâ…°mainly stress the state of emergency : administrative contingency mechanism for the initiation including emergency response mechanisms outlined and administrative overview.Partâ…±mainly stress emergency contingency of government administrative machinery abroad , including the state of emergency legislation-building abroad and foreign government administrative contingency mechanism basic elements.Partâ…²mainly stress the emergency on administrative mechanisms of China, including the comments on the status of construction of a state of emergency legislation and government administration of the basic elements of the contingency mechanism.Partâ…³mainly stress the perfection of public emergency legislation, including 6 parts, including: legal structure of government defending system, the reasonable using principle of government emergency power, the perfection of government enforcement means, basic civil rights protection, the executive compensation of government, the open and transparence of government information.