The Study Of The Legislation On The Administrative Handling Under Emergency

Of late years,the emergency of the world scope happened frequently and brought serious disasters to the interventional society. In 2003, the alarm sounded"SARS"and"bird-flu"In 2004, the tsunami of the Indian Ocean, these tremendous calamities brought the human being not just the dread on the mind, but the direct loss on the life and property. In 2008, the Pandora box opened to people once more, hurricane, earthquake, avian flu, blizzard and mining accident. All these nature disasters not only threaten the lives and property of local residents, but also affect the whole world though the sensitive nerve of market. China is one of the countries which suffered from natural disasters seriously, those disasters of china are frequent,seasonal and regional。Especially in the new stage of modernization and the crucial time during 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. We can see from the analysis, recently,the emergency of the world scope brought serious disasters to the international society and became a common problem which the countries around the world faced. So how to guarantee administrative handling under the emergency effectively and orderly becomes a very important mission in the public emergency management around the international community. The establishment of the public emergency mechanism, the perfect way of building the system and the legislation are urgently required. To be a defender of the public order , the administrative organ needs to synthesize various of administrative behaviors to manage public emergency.In the course of fighting with"SARS", the State Department formulated the"Plans of national public unexpected events"in 2003. Meanwhile in 2004 NPC Constitution clearly enacted "State of Emergency" in the Constitution. Then, in 2007, the"Emergency Handling Law"is enacted. The building of the legal system shows the progress of emergency legislation, it also symbols that Chinese administrative handling under emergency has been ran to the right way. While different from western developed nations,administrative emergency behavior system of our country is placed in a beginning stage still, the existing legislation exposed certain problems during several public emergencies. So how to use for reference of the advanced theory and mechanism from western countries to perfect our current law resources becomes more and more seriously.This text defines generally theory of administrative handling under emergency for premise, with the method of Comparative Analysis. The article starts with the study of two basic concepts"emergency state","administrative handling under emergency". Compared with the theory and mechanism of the administrative handling under emergency abroad ,then , analyzed that Chinese existing relieves appear many deficiencies. So, we should perfect our legislation on the administrative handling under emergency from two aspects: first of all, we must strengthen the construction of the theory, that is to say, we should perfect the legal system. In addition, how to consummate the operating mechanism in daily life? Through these two aspects, it is in order to perfect Chinese legislation on the administrative handling under emergency. This thesis has been divided into four parts.Chapter 1 began to discuss from the basic concepts"emergency state"and"administrative handling under emergency". I started with the study of the theory, distinguished relative concepts, so, in order to do thorough study."The state of emergency", in a sum, is one of social orders which is dangerous, abnormal and under legitimate procedure confirmed. By distinguish"the state of emergency"from"emergency handling"to"martial", we can see that"the state of emergency"is the serious result of"emergency handling",it is a top concept conclude but beyond the proclaim martial law. The existence of"the state of emergency"composes the premise of"administrative handling under emergency". So, after the basic theory, I draw forth"administrative handling under emergency". I analyze this concept from two parts, both connotation and denotation, at the same time, we can see the differences between the administrative handling under emergency and other administrative measures. Then we will study the theory in depth.Chapter 2, the writer wants to draw lessons from western and absorb advanced experience through the analysis abroad. Firstly, only through improving theoretical system that the administrative organ can use the right more effectively and the rights of the people can be protected more freely. In addition, we must have a perfect operation system on the basis of the legal system .In the management crisis, the government's emergency management need procedural, institutionalized and professional. In addition, we have to launch broad power of the private sector to enhance the cohesion and reduce the stress of government and enable the administration to run better.Chapter 3 mainly stresses the actualities and questions of Chinese legislation on the administrative handling under emergency .Recording to the realities happened these years, we can generalize the deficiencies of our subsistent legal system. While, it means that this system began to mature, especially, after the"Emergency Handling Law"which is the landmark of China. However, expect the achievements we got, we must notice that we still have many problems in the system.Chapter 4 mainly stresses the conceptions of improving Chinese legislation on the administrative handling under emergency. All in all, the writer tries to learn from western countries at the basis of the actuality of ourselves, set up Chinese administrative emergency behavior law system from two aspects: Firstly, trying to perfect Administrative emergency behavior, which realized mainly from formulating a state of emergency law, structuring of government defending system legally, using principle of government emergency power reasonably. Secondly, strengthen the supervision system, increasing the injection of science and expanding participation in society. I believe through the cooperation both from theory and practice, the legislation on the administrative handling under emergency will become more and more perfection.