Perfection Of Administrative Emergency Compulsory Measures In Our Country

Since the2003" SARS " event, the emergency law research in China is more and morewidely, more and more profound. Some scholars studied from early warning mechanismand management system, proposed the view that control beforehand is more significantthan control after; some scholars from the perspective of public emergency legal systemconstruction, put forward " state of emergency " legislation suggestions; also somescholars from the angle of the administrative emergency power, elaborated theemergency rule of law from the perspective of state power. The results of these studiesplay an important role in the construction of China’s legal system of emergency.However, they are all studying the emergency law from the angle of the macroscopic,Specific research corresponding one aspect of emergency law is few. The effectiveimplementation of the specific aspects plays a key role on the emergency legal system.Therefore, on the basis of the macroscopic research of the emergency law before,scholar should be appropriate to the direction of microscopic study. This article is basedon this understanding, chose administrative emergency compulsory measures to study.The administrative emergency compulsory measures are the greatest impact measures inthe state of emergency. This is mainly because the administrative emergencycompulsory measures are mandatory and restriction. Due to that administrativeemergency compulsory measures are mandatory, the implementation is powerful, fast,can achieve administrative purposes timely. At the same time, because theadministrative emergency compulsory measures are restrictive, they cause damages ofcitizens’ personal property. Protecting the legitimate rights and interests of citizens isthe highest goal of the rule of law, so neither the impact of the object, or the intensity ofthe impact point of view, the administrative emergency compulsory measures are thegreatest impact measures of emergency measures taken by administrative organs in thestate of emergency.Because of seeing the value of administrative emergency compulsory measures and thatthe administrative emergency compulsory measures’ specific procedures are missing,the author conceived in this paper. Firstly, this paper describes the historicaldevelopment, connotation, characteristic, function and so on, in order to clarify theconcept of administrative emergency compulsory measures. Secondly, it introduces United States’, France’s, Japan’s and Korea’s the administrative emergency compulsorymeasures legislation, in order to provide reference to perfect our administrativeemergency compulsory measures. Thirdly, it raises the problems of the existingprovisions of our administrative emergency compulsory measures of, including theimplementation of the subject, procedure, standard, and category. Finally, it putsforward a perfect suggestion. This article aims at improving specific norms of theadministrative emergency compulsory measures in the state of emergency.