Investigation On The Legal Control Of Executive Emergency Powers

With the frequent occurrence of the crisis and the impact of which become more and more expanding, how to improve the emergency state of China's legal is becoming a serious problem to be investigated in theory as well as in practice.The emergency state threatens our country's social and legal order, and emergency powers are the first choice of Noble County to control and eliminate the aforesaid state.Meanwhile, the exercise of Administrative Emergency Power in the absence of the necessary legal regulatory is as dangerous as the emergency sates due to its characters of emergency, concentricity and expansion.This seems necessary for the continuity of the rule of law. how to restrain the executive regarding emergency powers by perfecting both the legislations and the institutions of emergency response as to be the core issues in the exercise of executive emergency powers. Because these extraordinary powers become an instrument to undermine the rule of law in emergency, which was so apparent in the national response to SARS in China in the year 2003 as to invite great concerns over the legality of the executive emergency measures aftermath.This paper falling into four parts:In the first part I define the key concept "executive emergency power" and the characteristic of executive emergency power. Following is an analysis of China's existing legislation and exercise of the supervision of executive emergency powers. In the third part I make a comparative study over the legal control system of executive emergency powers in different countries, and put forward several ways in the legal control of it. The last part form the actual situation in our country, advocates a variety in legal supervision of executive emergency powers achieved by improvements both in legislation and institution constructions, suggesting that the realistic path of legal control lies in the supervision of emergent legislation and emergent measure.