On The Legal Issue Of Administrative Emergency Inspection

As a tool of law to obtain information, collecting information, supervision and promotion of social health order, administrative inspection is widely used in the field of the administration. The other administrative practices made by the executive authorities should be checked based on the administrative inspection, or else it will be difficult to protect the implementation of the purpose of the administration and also weaken the basic rationality of the administration acts. Administration emergency inspection is a administrative action, that is, in a state of emergency the main body of administration inspection stops such illegal acts, prevent the evidence of damage, avoid the occurrence of harm to control the risk of expansion of citizens, legal persons and other organizations in order to maintain or restore normal social and legal order based on the main statutory inspection rights. Because in emergency situations, it may take some special ways and means to implement the administration emergency inspection, if the exercise of administration emergency inspection is improper, it will be more easily than usual to violate the legitimate rights and interests of citizens, legal persons and other organizations. So it is of necessity to the theoretical construction and the exploration of administration emergency inspection.China's existing laws has a vague regulation on the main power of administration emergency inspection and the range of administration emergency inspection. It lacks the regulation of the procedurals of checking. There is also the non-reciprocity between the main body of checking and rights and obligations provided by the administration emergency inspection. There are a lot of irrational, non-legal questions in the enforcement practice of administration emergency inspection. Administration emergency inspection should follow the principle of emergency, the principle of unable to minus human basic rights, the principle of efficiency, the principle of effective, the principle of openness.The rights of administration emergency inspection should be set up at the constitutional framework, and in conformity with the principle of the law retained, clearing the special requirements of setting up in physical inspection, goods inspection and the place inspection. And there should have a further refinement of the various stages of the implementation of procedural rules of administration emergency inspection. It should be gradually perfected from perfecting constitution, formulating a unified "emergency law",improving the form and content of existing legislation of administration emergency inspection, clearing the obligations and the rights of citizens of administration emergency inspection.