The Study Of The Law Concerning Public Emergency

In this paper,accodding to " Law of Dealing with Sudden Incidents" ,what is the meaning of the unexpected events is that emergencies suddenly, causing or likely to cause serious harm to society, is needed to take emergency measures to deal with ,including natural disasters, accidents disasters, public health and social safety incidents.Emergencies have two aspects from external perspective: the first is that emergencies have characteristic of the sudden, serious harm, the development of uncertainty, public and disposal of the urgency of the request and the second is that emergencies are divided into a variety of classification and grading.The article continually illustrates, the respond of unexpected incidents means that the leading organs and other administrative subject carry out the exercise of emergency measures to overcome the sudden public events, according to the law which is needed to protect civil rights. The responding of emergencies has some characteristic which is limit urgency and time s, flexible discretion, special procedures and norms and authority.After interoperating the legal system of unexpected events ,the author completes the theoretical construct of dealing with emergency ,which includes the sources of law, the subject of law, principles of law and emergency management powers and the limitation of power of the executive authority. In light of the specific t practice, the author insights to the defects of existing legal system of emergency-responding, which is the existence of gaps in legislation, adding too abstract principles of the legislature and the lack of relief mechanism in the legislative level. On the enforcement level, one is the lack of a standing agencies ,which helps to unify and coordinate law's enforcement ,and the second is that the responsible organs completely rely on administrative power ,while the law is marginalized; Thirdly, emergency management procedures of the exercise of the power is not strong.The article maintains that improve the emergency response of the legal system is of important significance of the rule of law. At the legislative level, "Law of Dealing with Sudden Incidents" need be amended, and also including other existing laws and regulations .In the law enforcement level, the law will set agencies of response to emergency, and build law enforcement culture of emergency management and enforces procedures of the exercise of power of emergency management.