On The Operation Of The Administrative Emergency Power

Our country is in a transition stage which from the traditional society to the modern society, so the social contradictions are highlight and social conflicts break out frequently, On the other hand, because of the destruction of the natural environment by mankind, coupled with the cyclical sport of the nature itself, the natural disasters occur frequently. Therefore, in order to cope with various social and natural emergency incidents, the State must have a strong administrative emergency power to dispose of it. However, because the administrative emergency power has some features such as expansive, it will damage the rights and interests of the relative party at the time of disposing the emergency incidents effectively. So, this paper make a depth research to the regulation of operation of the domestic and foreign administrative emergency power, and make some suggestions according to the present situation. It can not only be good for constructing the effective mechanism to regulate the operation of the administrative emergency power, but also be good for exploring the relieving way to the relative party who was invaded by the administrative emergency power. The number of characters in this paper is about thirty thousand and ninety hundred. It includes these five sections.The first section, it's expound the administrative emergency power in the overall angle. Firstly, we comment the various views of the administrative emergency powers, and consider that we can use the system analyzing method to re-recognize it, and then point out that the main and stable composition elements of it are the subject elements, the object elements and the protection elements; Secondly, we obtain the basic features of the administrative emergency powers are super-regulatory, integrative and expansive from the perspective of the relation with the common law, the difference with the common administrative power, and the own internal tension of it. Thirdly, combining with the feature of the administrative emergency power, we can obtain the basic operation principles of it are the principle of efficiency, the principle of administration according to law, the principle of proportion, the principle of opening and the principle of protecting the constitution law basic rights of the citizen.The second section, it's expound the construction of the regulation of the operation of the domestic administrative emergency power. Firstly, we use the four disposing stage which is established by "the act to emergency disposition" as the frame, and design the operation procedure which fit for each disposing stage combining with the knowledge of the emergency administration. Thirdly, we expound with a specified emergency incident example in each disposing stage to enhance the practical of the regulation of operation.The third section, it's explore the regulation of operation of the foreign administrative emergency power. The foreign administrative emergency power is extend of the domestic's, but its regulation of operation is large different from the domestic's. Therefore, we use a foreign emergency incident example which China's chicken products are prohibit from importing because of the Bird Flu by the foreign government to cause the people to pay attention to the important of the regulation of operation of the foreign administrative emergency power. Secondly, we analyze the various level of law which the administrative emergency power should apply, and then we preliminary explore the basic regulation of operation combining with the feature of it. It's hoped for the researching of the foreign administrative emergency power by it.The forth section, it's summarize the operation current situation of the administrative emergency power at the present age. Firstly, we summarize the current situation of the abroad administrative emergency power .We find the advantages of it are having a perfect emergency law system and having some permanent multiple emergency institution. Secondly, we analyze the achievement and the insufficient of the operation of our country's administrative emergency power. It can be used as a bedding to advance some suggestions in the next section.The fifth section, it's give some suggestions to improve the operation of our country's administrative emergency power. Firstly, we consider that China should enhance the normality construction of the emergency office and should formulate the reasonable emergency confining and prohibiting measure according to the operation subjection and operation measure. Secondly, we suggest that it can use the administrative procedure coordinate and reconciled rules and the succoring foundation to give the succoring way to the relative party who was aggrieved by the administrative emergency power. Thirdly, our country should build the operation mechanism of the administrative emergency powers to legal system in the macro-perspective. In general, our country ought to use the four stages established by "the act to emergency disposition" as the legislative framework, and proper refer to the United States and Canada's emergency power operation experience, formulate the period emergency law which fit for the demanding of each dispose stage separately, eventually enable our country to establish a administrative emergency powers legislation system which not only has a unified emergency disposition code but also has the stage emergency laws and then use the force various single emergency laws, regulations and rules as the supplement. As a result, the administrative emergency powers regulation in China finally can take to the systematization, standardization and legal system track.