Theory Of Administrative Emergent Power In Emergencies

Administrative emergency power can be described as a long history, and it caneven be traced back to ancient Greece. The administrative emergency power, which isdifferent from the normal administrative power, is a national power that is adopted bygovernment under emergency management according to constitution and related lawsand regulations, in order to deal with the emergency, guard the national sovereignty,maintain the social order and safeguard the rights of citizens. Its constituent elementsinclude the subject elements, the object elements, the program elements, and reliefelements. Because China is currently in the social transition, emergencies occur in thisperiod inevitably and become an inevitable part of our present society. Sinceemergencies have a wide coverage, serious harm, complex type, high frequentoccurrence, and strengthening international trend, if dealing with the disposal of theemergencies is a little mistake or wrong, it will lead to the country and society out ofcontrol. There are some difficult problems when emergencies occur faced by legaltheory and practices that, which are the forms of administrative emergency powers, howto use these powers, how to monitor the exertion of these powers and what theconsequence of these powers is. China’s current legislative situation of administrativeemergency power has many shortcomings, and there is still a long way to go toconstruct legislation. This paper is for the construction of legislation on theadministrative emergency power in emergencies.This paper adopts comparative analysis approach, literature analysis approach, andhistorical analysis approach and other research methods. The theoretical values includedeveloping the basic theory of the administrative power, improving the level ofacademic research on the separation and balance of powers, bettering the researchsystem of constitutional law and administrative law, and extending administrative ruleof law theory. The practical values include preventing the occurrence and the expansionof emergencies effectively, handling the development and evolution of the emergenciestimely, controlling of the administrative emergency power and making China’sadministrative emergency power legalization process with international standards. This paper mainly discusses the following questions: the first is the necessity of the existenceof administrative emergency power in emergencies, as well as the necessity of thelegislation of administrative emergency power; the second is the analysis of foreignlegislative principles, model and contents, to learn from effective experience ofdeveloped countries under the rule of law; the third is the analysis of the historicalevolution of the administrative emergency powers legislation in emergencies, and theshortcomings of current legislative contents; and the fourth is how to reform legislationsystem of administrative emergency powers in emergencies, by clearing legislativeprinciples of efficient principle, the rule of law principle, due process principle andhuman rights protection principle, law selecting legislative models of the target model,the code model and system mode, designing legislative contents and establishing relatedsupporting mechanism and so on. This paper is a creative way to learn from foreignadvanced legislation, combined with the national conditions of China’s modernizationconstruction of the rule of law, and propose a specific road to perfect administrativeemergency power legislation in emergencies.