Study On The Regulation Of Administrative Emergency Powers By The Principle Of Proportionality In Public Emergency

Abstract:With the acceleration of our social change and transformation, the public emergency has become a part of our life. Respond to emergencies is not only to test the ability of government, but also test the rule of law. In the process of China’s rule of law, realize very state under the rule of law, we still have a long way to go. How to better regulate administrative emergency power, emergency is complete degree under the rule of law for us.Based on the principle of proportion as the main line, analyses the characteristics of administrative emergency power, to the necessity of regulation, the exercise of the specific requirements of proportion principle. Finally, the author combined with our existing law from the Angle of view of the proportion principle Suggestions to regulation of administrative emergency power.Text except the introduction and the final conclusion of four parts, the article structure as follows:The first part explains the emergencies and the meaning of the administrative emergency power, analyzes its characteristic, and is closely related to administrative emergent power-the concept of emergency state is analyzed.The second part introduces the meaning of the proportion principle, proportion principle of the emergency response law made analysis, and according to the characteristics of the administrative emergency power, combined with the example demonstrates the necessity of regulation of administrative emergency power.The third part demonstrates proportionality in emergency response to the specific requirements of the administrative emergency power.The fourth part the author on the basis of the previous analysis put forward the principle of proportion of running and improvement of the legal regulation of administrative emergency power.