The Procedural Regulation Of Emergency Administrative Authority

In today’s society, emergencies happens frequently. Emergency administrative au thority played an important role in the process of responding to emergencies. It is the best choice to response effectively to emergencies. The effectively exercise can quickl y calm the situation, restore social order, and reduce the incidents to civil, social, natio nal harm.In emergencies, the government may be in accordance with the provisions of law s and regulations, and take special measures to organize a variety of powerful forces t o quickly quell an emergency. Based on the powerful features to respond to emergenc ies, emergency power in the executive has been continuously expanded after "SARS" in 2003. At the same time, the continuous development of the socialist rules of law an d civil law rights awareness, have put forward higher requirements on the exercise of government authority. Under normal terms, the biggest feature of executive authority i s expansionary. The expansion is also determined that it can not be abused. From the current provisions of the relevant laws and regulations, the procedure did not cause en ough attention. However, as an administrative activity principles and rules system the administrative procedure has important practical significance in the expansion of publ ic participation of emergency response, the improvement of administrative, and the re asonable state regulation of executive powers.In 2007, China’s "Emergency Response Law" promulgated and implemented. In t he Act, emergency prevention, monitoring, rescue and recovery afterwards with the more detailed provisions are provided. It is the first time to carry out the provisions an d authorization from a legal perspective on the administration to deal with emergencie s right. But take a comprehensive view of the law and other relevant laws, administrat ive regulations emergencies emergency procedures are not systematic, not perfect. It i s sporadically distributed in a number of emergency laws, resulting in unexpected incident information reporting and unclear notification and announcement program.Based on the basic theory of emergencies, this article puts forward the concept of executive emergency power, and discusses the characteristics and development of ad ministrative emergency power in order to reflect the problems exist in the exercise of administrative emergency of current issues in our country. The article also puts forwar d proposals from the perspective of the program regulations.Framework of this article is as follows:The first part is an introduction of emergency and administrative emergency pow er related basic theoretical. This part focuses on the reasons of using administrative e mergency power rather than administrative emergency powers.The second part is the historical development and current status of administrativ e authority of emergency. This part starts from the historical development of the execu tive power emergency. It points out that frequent and continuous development of emer gency law in the society making emergency executive power lacking legal regulation. It also points out the emergency procedures of administrative legislation and administ rative missing emergency procedures which lacks of scientific and normative issues.The third part is the reference of extraterritorial administrative emergency system.This part contains a brief analysis of the United States, Japan and Germany’s administ rative emergency system, and an enlightenment to China.The fourth part is the suggestions provided by the author for the effective exercis e of the executive power emergency. This part analyzes the principle of administrative emergency procedures, the right to initiate an administrative emergency procedures, information disclosure program, the program running after the start, primarily from th e exercise of administrative emergency response procedures requiring administrative r egulation. This part claims more attention should be paid to emergency plans in order to clear the legal nature and the power of the emergency plans by studying the admini stration of emergency procedures which are closely related to the emergency plans.