Study On The Legal Regulation To Administrative Emergency Powers In Emergencies

Along with the emergencies high-frequency occurring, administrativeemergency powers have been playing a role to calm the emergency situation,regulate and guide the media response and public opinion, recover and stable socialorder, minimize personal and property damage. It has got a continuous developmentand amplification. As a double-edged sword, administrative emergency powers wereexercised improperly or illegally in some emergencies, and it resulted in a violationof the public interests and the legitimate interests of individual citizens. However,the present study seems not yet in-depth administrative emergency powers, there is acertain degree of ambiguity and confusion on concept defined. It need to be furtherstudy on the characteristics of the emergency powers of the executive, the role andimpact of emergency response, Studying on the legal regulation of the research iseven limited. It needs the further development urgently. So it is very important toresearch on Effective legal regulations to the administrative emergency powers.This paper’s main framework consists of four parts.The first part focused on emergency and administrative emergency powersconcept defined by analyzing the differences and relations of administrative emergency powers and executive emergency powers, then sorted out and defined theconcept of emergencies, administrative emergency powers and so on.The second part investigated the necessity of legal regulation to theadministrative emergency powers, on the characteristics of administrative emergencypowers, such as ultra-regulatory, priority and program particularity.The third part mainly analyzed the response to the administrative emergencypowers in the legal regulation of the status quo. Based on the history of the legalregulation to administrative emergency powers, Cleared that the Legal regulation toadministrative emergency powers is contribute to control over the administrativeemergency powers, guide and regulate the behavior of government administrationand protect the rights of people. With a certain period of construction anddevelopment, the legal regulation to in China has made certain achievements, theadministrative emergency powers in emergencies have got its legal basis andfoundation, but it still has the problems on elements, scope, procedures, supervision,responsibility, such as abstract, less operability,even lack.the legal regulation to theadministrative emergency powers needs the further development.In order to effectively regulate governments administrative action, prevent theabuse of administrative emergency powers in response to emergencies caused by the phenomenon of violations of the legitimate rights and interests of citizens, the fourthpart of this paper studied on how to further strengthen and improve our response toadministrative emergency powers in the legal regulation. we should work hardly onthe system of rules, procedures, and illegal liability relief for the administrativeemergency powers in emergencies. On the studying of setting rules control, theimportant content of the works are setting the main administrative responsibility ofthe emergency powers, the powers of nature, characteristics, scope, conditions,discretionary "reasonable" range or start elements and other aspects of therule.Although the characteristics of the emergencies,such as complexity andparticularity, the emergency response to the legislation made the regulationsimpossible to whole and specific, however, setting the administrative emergencypowers rules still an important means of regulation. On the studying of theprocedural control process of the incident response to the administrative emergencypowers, although the incident urgency and efficiency requirements force the exercisecan not be completely performed as the normal procedures, but our traditionalpatterns of behavior "decided on the spot, perform on the spot" was too simple andgeneral, it was limited in preventing administrative exercise of the emergencypowers of alienation. It is very necessary and urgent to set the principle for the administrative emergency procedures. Finally, Clearing the minimum standards forthe protection of civil rights in emergencies with the form of legislation; improvingthe supervision to the administrative emergency powers in the emergencies. Pursuignthe responsibility to the illegally caused by the administrative emergency powers;Compensating to the damage to the legitimate rights of individual citizens ororganizations, all of above illegal responsibility remedial control are the necessarymethods and means of regulation.