Study On Administrative Emergency Power In Abrupt Environment Affairs

After the abrupt environment affairs happen, the government has certain administrative emergency power due to the specificity that the abrupt environment affairs bear in the process of dealing with them. On the one hand, this kind of emergency power can effectively deal with these abrupt environment affairs, on the other hand, may also damage the rights of citizens. Therefore, under the circumstances of emergency, the study on the government’s administrative emergency power can be effective to prevent excessive expansion of the government emergency power and to prevent the abuse of government administrative emergency power to infringe the legitimate rights and interests of the public and in the meanwhile to make the legitimate rights and interests of the public be relieved timely after the abrupt environment affairs suffer the infringement. However, since the Constitution in China do not make much regulation for the exercise of government’s administrative emergency power in abrupt environment affairs, therefore the legality of the provisions for government’s administrative emergency power should be studied from the laws and regulations in more departments. Although these laws and regulations make a relatively comprehensive provisions for government’s emergency power in abrupt environment affairs, the present laws and regulations also have some shortcomings in practice, especially in the process of implementing the government’s emergency power as well as the right relief of the citizens. This paper includes three parts: introduction, main body and conclusion. The main body will discuss the problems of administrative emergency power in abrupt environment affairs from three chapters.Chapter one introduces the concept of the abrupt environment affairs and administrative emergency power and then analyzes their characteristics on the basis of the administrative emergency power in China’s abrupt environment affairs. We can acknowledge the theoretical basis of the administrative emergency power under the perspective of the Constitution from their concepts and characteristics and analyze the attributes of the administrative emergency power from abrupt environment affairs.Chapter two discusses mainly from the existing problems in the operation and legislation of the administrative emergency power in abrupt environment affairs in China. The Current Constitution only makes the provisions in principle for the “emergency” system, not make the specific provisions for the exercise of national public power and the protection of citizens’ private rights under the state of the emergency. The specific law, like the Current Constitution and the newly revised Environmental Protection Law, also exists some uncertain circumstances about the provisions of exercising the administrative emergency power, leading to various problems in administrative emergency response mechanism. By studying the laws and regulations like the newly revised Environmental Protection Law, all kinds of Special Environmental Protection Laws, the National Contingency Plan for Abrupt Environment Affairs as well as Contingency Plan for Abrupt Environment Affairs in Henan Province, the author of this paper will analyze some existing problems of the legislation in the process of exercising administrative emergency power in abrupt environment affairs so as to solve the contradiction between the national public power and the citizen’s personal rights from the perspective of the national legislation level.Chapter three mainly makes the regulations on the administrative emergency power in abrupt environment affairs and improves the system of the administrative emergency law and the system of the organization and management. The government’s administrative emergency power can be further standardized by improving the system of the government’s administrative information disclosure. Finally, the government’s administrative emergency behavior can also be standardized by the litigation procedure and non-litigation procedure. And then the citizens’ legitimate rights and interests can be safeguarded by the administrative relief and the judicial relief so as to realize the relief of the citizens’ rights.