Study On Legal Regulation Of Emergency Administrative Power

In recent years, China’s emergency broke out frequently. Kinds of emergencies happen, such as public health event, social safety event, social accident and natural disasters, brought the normal social order falling into society turbulent. Emergency administrative power is a comprehensive executive power, including a variety of executive power by the emergency administrative decision-making power, the emergency administrative enforcement power, the emergency administrative punishment power, and so on. Therefrom, how to make administrative organ reasonably exercise emergency administrative power is a important subject. First, at present,theory field not yet reach an agreement on meaning of emergency administrative power, even an unified concept. Then it will enumerate and juxtapose scholars’ views in this aspect in order to give emergency administrative power a clear define. Secondly, it elaborates the legal regulation of emergency administrative power theoretical foundation, such as administrative control theory,legal administrative theory, protection of the rights theory, while the occurrence of unexpected events happening. Thirdly, aiming at the existing problems in exercising emergency administrative power, including limiting the right to appeal, inadequate compensation, abuse of discretion, I give a suggestion of legal regulation on the emergency administrative power. Finally, this paper gives some law suggestions on the judicial review system, compensation liability and accountability monitoring system in three aspects to regulate the administrative emergency power.