Study On The Legal Problems Of Administrative Treating Measures Against Public Emergency

Nowadays we are in a high period of public emergency. It is due to our own environment as well as we are in the state of social changes. It is unavoidable to meeting so many public emergencies. It is very necessary for the government to treat public emergencies efficiently so as to fulfill its responsibility, control the spread of public emergency and reduce loss.The term of public emergency is very abnormal. So the government is endowed with crucial power. It is an efficient power, and is apt to be abused as well. It is an dominant power in the treating of public emergency. Therefore, the treating measures of public emergency must be regulated by law.This paper begins with basic concept of public emergency, its sort and its character. The writer defines the concept of public emergency and administrative treating measures on the basic of existing researches. Then the writer studies on basic jurisprudence of public emergency that is administrative treating power, analyzing its rationality and particularity when it is applied in public emergency. It exists an internal strain and has superiority, so we must set essential restrict. Thereby the fourth part of the paper is about the restrict of this power. In the end, the paper aims at actuality of legislation and focus on three disposing measures of public emergency .In the end, the writer puts forward amendment of legislation of our own country.