On Administrative Emergency Power System Of China And Its Improvement

Administrative Emergency Power is an important concept on modernAdministrative Law and Public Management, it plays an important role in rapidlydealing with emergencies, restoring social order and protecting people’s lives andproperties. Therefore, whether the distribution and operation of administrativeemergency power is scientific, reasonable and appropriate directly determines thehandling results of emergencies. And the value of process and the value ofconsequence are equally important. As a particular administrative power, althoughadministrative emergency power surpasses law and regulations to some degree, it isstill restricted by the legal framework of a country. In order to prevent the loss ofpeople’s right caused by the abuse of administrative emergency power, there is anurgent need for the strict control of administrative emergency power to ensure that itis operated by the constraint of constitution law and other related law.How to deal with all kinds of public emergencies promptly and effectively andreduce the loss is an important standard for inspecting the governing andadministrative ability of a country. In response to the crisis, many countries have setup emergency handling system, which relies on the legal system of administrativeemergency power. The construction of administrative emergency power system inChina has developed for several years and so far the system of administrativeemergency power, which is composed by Emergency Handling Law as its legalsubject and other single laws of disasters and accidents as its auxiliary, has takenshape. However, it is undeniable that some disadvantages on the operation ofadministrative emergency power and the response to emergencies do exist. Comparedwith developed countries, China still has a long way to go. This thesis attempts toexplore the effective operation mode of administrative emergency power by analyzingthe administrative emergency power and emergencies. Also this thesis endeavour touse the experience of other countries in constructing the emergency handling systemas a source reference with the purpose of discovering the deficiencies of Chineseemergency handling system, and it strives to provide suggestions for the improvementand development of administrative emergency power system stamped with Chinesecharacteristics.This paper mainly discourses on Chinese administrative emergency powersystem and corresponding measures on its improvement. It covers the basic theory ofadministrative emergency power research, experience and reference of foreignadministrative emergency power system, the condition of constructing Chineseadministrative emergency power system and its deficiencies and corresponding billfor perfecting them.This thesis is mainly divided into four chapters. The first chapter gives anoverview of the theoretical knowledge on administrative emergency power, includingthe legal definition of administrative emergency power and other related legal conceptand the theoretical source, properties, characteristics, principles of emergency power. They all provide as a theoretical basis for the subsequent discussion.The second chapter elaborates the current situation and problems of Chineseadministrative emergency power system. Firstly, it gives an elaboration on currentChinese administrative emergency power system from its legislation, operation andpractice. The focus of this chapter is the existing problems and deficiencies ofChinese administrative emergency power system. Thus, this chapter makes anexposition on the problems of current Chinese administrative emergency powersystem from its legislation and operation in the hope of providing a direction for theimprovement of this system from now on.The third chapter gives some suggestions and countermeasures on how toimprove and perfect Chinese administrative emergency power. First, it presents ageneral overview of western administrative emergency power system and introducesthe operation mode of British, American and Japanese emergency power system inorder to draw lessons from their experience to improve and perfect relevant laws,regulations and system construction of Chinese administrative emergency power.Second, it provides some countermeasures to improve administrative emergencypower system from the respect of principles of Chinese administrative emergencypower, improvement of laws on exercising power and establishment of institutions onadministrative emergency power.The last chapter expounds the improvement of the abuse on regulations ofadministrative emergency power. In order to inhibit the misuse of administrativeemergency power, this part puts forward suggestive methods from two aspects:mutual restraint of powers and self-restraint of power. And the effective ways toinhibit the abuse of administrative emergency power are the reinforcement of judicialsupervision and the System of Freedom of Government Information.