Executive Emergency Powers And Legal Regulation Of Research

In the world, kinds of emergencies happen frequently.How to control emergencies quickly and effectively, to reduce the losses,is a common subject for all countries in the world. Emergency have many features,such as public,burst,uncertain,harmful,and urency,thus the job of handling emergencies can not be carried through by only one main part,which need more participants cooperate with,such as government,citizen,non-governmental organizations.However,in these emergency handlers,government has many unique superiorities, such as muster numerous resources,operater promptly and swiftly, powerful mobilization ability. These superiorities make it that government should lead the job of handling emergencies.In practice, the matter is the same to our country.However, emergency condition is seriously different from normal social. In the process of handling emergencies,government can not completely follow normal procedure,to utilize ordinary administrative authority ,otherwise the best opportunity would be missed or controlling crisis situation would become much more difficult. Thus,no matter theory field, or practice field,basicly reach an agreement:government should possess a emergency power.Therefrom,how to make government reasonably and effectively exercise emergency power is a important subject. This text would study government emergency power in four aspects:The first is basic theory of government emergency power.In this part,I would illustrate what government emergency power is,what features it exists,why government enjoy this power.At present,theory field not yet reach an agreement on meaning of government emergency power even an unified concept. I would enumerate and juxtapose scholars'views in this aspect,and link the problems the text would solve,in order to give government emergency power a clear and detailed define.on this basic,I would illustrate the unique features of government emergency power. The second is detailed contents of government emergency power. In the condition of crisis, government emergency power is very great,but how strong it is ,and what specific powers it contains ,are not be deeply reaserched recently, though these should be determined,this part would compare with ordinary administrative authority, in oder to get the specific powers,and expound the theory basic of these powers.The third is Status quo of government emergency power in practice and legislation. In this part,I would enumerate typical cases for four types of emergency events,elaborating concrete practical situation of government emergency power.Via these real cases, we would find out the problem exists in practice. Moreover,this part would collect and sort out laws of government emergency power,and analyze the problems of it in the level of macro and macrocosmic.The fourth is the legel regulation of government emergency power.This part would propose some advice to regulation government emergency power,in order to make it could be performed legally and legitimately on the basic of three former parts.In detail , I would regulation government emergency power from precondition,principle and legitation aspects.author wish that this article could make government emergency power be understood better by readers, make the enjoyor and practicer of government emergency power reasonable perform this power.