On China's Public Emergency Law, The Exercise Of Governmental Authority

Public emergency legal system is the important content of public emergency system construction. Among it, because of the duty and the function of the government, the exercise of the administrative emergency right is the core of the public emergency legal system.First of all , the thesis conclude the characteristics of the abroad public emergency legal system from the basic conceptions such as public crisis, public emergency legal system, etc. And then point out the shortcomings and insufficiencies at present of our country's public emergency legal system. Foreign countries mostly standardize the government emergency management by constructing specialized and systemic law and statutes. The first is providing the emergency state institution in the constitution .The second is establishing uniform emergency state law. The third is enacting law about the government emergency management. The fourth is carrying out government statutes or implement regulations about government emergency management institutions in constitutions and law specifically. The building of the public emergency legal system abroad has several characteristics as follows. The first is prescribing the inducements causing emergency state specifically, and demanding that the real or potential imperil the crisis caused should reach rather critical degree and extensive range. The second is prescribing the decisions, declarations, applying areas, and accidents about the emergency state, especially the exercising of the power more concretely. The third is restricting the basic rights which citizens possess according to the constitution and law at ordinary times, even depriving them temporarily. The fourth is prescribing the lowest standard human rights facing the emergency state. The Public emergency legal system building of our country acquires a certain achievement, but the theory research of the emergency management starts late, the correlative prescriptions are comparatively inattentive and don't constitute system. The shortcomings mainly are as follows. The first is that the constitution nowadays doesn't establish uniform emergency state system. The second is that we don't formulate uniform emergency state law. The third is that we don't make the authorizing provision definite about the implement of the legislation of emergency state. The fourth is that the emergency legal system isn't consummate enough. The fifth is that the system and mechanism of the outburst affairs isn't perfect enough.Secondly, the thesis discuss the nature, characteristic and exception surround the government power of the public emergency legal system. It also point out the main questions existing in our country's administrative emergency right, such as resisting "SARS". The conducts the government adopting in public crisis are government replying mechanism aiming at all the process of the latency, explosion, control, settlement, recondition etc of the publicality crisis as a crisis management conduct. The foundation of adopting measures is the administrative right. It's the reflection of the administrative emergency principles in contemporary administrative law. It has some special nature such as ultimate, temporary(time limit), matching to the measures, the special characteristic of the procedure, and the preference of the power etc. But the exercise of the administrative right isn't the "administration beyond law". The restriction to the citizen basic right of the emergency state is a measure and means. The restriction itself can't be a purpose. Consequently, most countries provide the lowest right reservation system as the exception of the exercise of the administrative right. There isn't uniform emergency state legal system in ourcountry at present. We can find the administrative emergency law in the enacted law about the emergency state. In practice, the exercise of the administrative emergency right would bring about a certain questions to the decrease of the two citizens' most basic right, ie. personal right and property right. For example, in the process resisting "SARS",...