The Research On Legal Regulation On Emergency Administrative Powers

The emergency powers of the executive is a special executive power, it is a power exercised by the government when faced with an emergency. The exercise of the executive emergency powers under the rule of law to be subject to legal regulation, in order to better respond to emergencies, to prevent the abuse of public power, to maintain normal social functioning order and protect human rights. The legal regulation of administrative emergency powers, there are some problems, such as imperfect laws and regulations, administrative emergency powers reasonable power configuration is not conducive to effective response to emergencies is imperative to improve the legal regulation of administrative emergency powers.Firstly, starting from the difference between emergencies and emergency powers, the connotation to administration of the emergency powers, the characteristics, classification, and the game as a public power and private rights. Profound analysis of the executive emergency powers of the legal regulation of the status quo as well as the existence of the problem, by U.S., British, Japanese administrative emergency powers law regulatory system to explore, solve of administrative emergency powers to exercise the existing problems, improve China’s administrative emergency powers law regulatory system, and thus better response to the emergencies, and maintain normal social functioning order.This paper mainly includes seven parts. The first part is an introduction of this paper. The second part is a overview the emergency powers. The third part mainly expounds China’s administrative exercise of emergency powers in public and private rights of the game. The fourth part introduces the present situation and problems of legal regulation of administrative emergency powers.Part Ⅳ provides an overview of the foreign legal regulation and the enlightenment, the sixth part is the perfect proposal. The last part is the conclusion.