On The Police's Administrative Emergency Power

Nowadays, along with the prosperous civilizations and rapid development of society, various conflicts among the political, economic and cultural fields have also deepened continuously. China is experiencing the transitional period of economy and society, which bring about kinds of social crisis. Natural disasters and epidemics resulted from environmental degradation also make a threat to the humanity. All of the above events have caused a bad influence on social stability, the exertion of national power and people's normal life, thus making society disordered. And this situation is called emergency situations. China's SARS accident in 2003, made a serious challenge to the government's capability to address emergency situations and the legal system completion. How to strengthen the government's capability to address emergency situations becomes an important issue.In emergency situations, in order to cope with the emergent incidents promptly and efficiently and to recover the normal social order, the government should be granted much more and more forceful administrative powers than usual times, and then able to organize and utilize resources and take strong measures. It is impossible for a single department to deal with the crises, and only the cooperation of different organs can win the battle. The government's emergent administrative power is the foundation of the police's administrative emergency power.According to law, the police's administrative emergency power is performed in the period of public emergency, aiming to protect people's benefits and maintain the society order. It not only differs from the administrative emergence power of the government, but has differences from the regular police's administrative power. The joining of the police is crucial for the whole process of addressing the emergency situations.The legislation on this power is far too perfect, and there is not only short of the code of emergency situations addressing, but also lack of the specified law which is based on the police's administrative emergency power.In practice, the addressing institution has been preliminarily designed, however, it still exists a lot of problems, such as, the power execution isn't sufficient and open enough, the procedures isn't legal. It is tough wok to make precise and thorough regulations in advance on it; meanwhile, the police's administrative emergence power should be efficient and strong enough to solve the social crisis. Consequently, the police may exceed the scale of law to take various measures, which obviously would be against the principles of a constitutional country. How to balance the efficiency and the constitutional has been a significant theoretical issue and worthy of research work.On one side, as we know, the expansion of the police power means the reduction of the civil rights, because of which, the police's administrative emergency power should be properly limited by law , from the aspects of content, procedures and levels. On the other side, the power should be properly designed: first, the police should be allowed to take precautions before the social crisis begin; secondly, as the main force, the police should be given power to take strict measures against the emergency incident and minimize the damages; thirdly, it is essential for the police to connect with other organizations and seek for sufficient emergency assistance to ensure the final victory; in the end, after the social crisis, the police should examine and evaluate the emergent measures and remedy the violations of civil rights. After all, the police power functioning in a society, to a certain extent, is a symbol of the level of this society's civilizations.