Administrative Emergency Power Under Emergency Terrorist Violence

With the occurrence of 3.01 events in Kunming, when facing emergency, how to exercise administrative emergency power effectively and promptly has become a focus of the world for the subject of administrative. Administrative emergency power, as a“double-edged sword”,on one hand, plays an important role in dealing with emergency, controlling the spread of the situation, punishing the criminals, restoring social order, ensuring the rights of life and property of the citizens. On the other hand, the imperfection of laws and regulations, the unsound administration system and the improper use of discretion make it impossible to have accurate prevention and early warning and it it may violate the legal rights of citizens. So, the study on administrative emergency power under emergency, can not only has the significance of exercising administrative emergency power properly, but also has practical significance to deal with all kinds of fear of violent incidents in various stages.This paper takes Kunming "3- 01" violent terrorist incident as an example, based on the statistics of the frequent occurrence of terrorist violence in recent years, Summarizing the new trends and characteristics of the development of terrorism. Analyzing the current situation of the exercise of the administrative emergency power makes people aware of the defects of the administrative emergency power, and put forward the perfect strategy. In the design of the structure of the paper, the development of terrorist violence emergency life cycle is used as the main line, focusing on issues related to the administrative emergency power in each stage.The paper is made up of five parts.The first part is based on "3- 01" events in Kunming, which is the reason why I choose the topic.The second part talks about the the basic theory of terrorist violence emergency administrative emergency power. By analyzing the emergency and urgent situation, definite the concept and characteristics of emergent events By studying Terrorism in emergency, be aware of the connotation characteristics and the biggest threat of terrorism. By talking about the the basic connotation of the administrative emergency power, illustrate that administrative treating power is different from administrative emergency power.The third part is to make known of China's terrorist violence emergency situation of administrative emergency power. In recent years, all kinds of terrorist violence caused by he "East Turkistan make us face the new situation and new characteristics of China's anti-terrorism. Properly control the current situation of the administrative emergency power system from its existing legislation and system. Finally, taking Kunming "3- 01" violent terrorist incident as an example, analyze the strength and weakness of the exercise of the administrative emergency power,summarizes the exercise of it in real combat.The fourth part is mainly to analyze the specific defects of our country's administrative emergency power under emergency terrorist violence. The life cycle of the development of the terrorist violence incidents is the main line, which are divided into four parts. The defects in the stage of prevention and preparation mainly refer to those in lawmaking and pre-arranged planning, the shortage of anti-terrorism ability, the incomplete of system of preparation of anti-terrorism. In the defects of monitoring and early warning stage, the ineffective monitoring and early warning system of administrative emergency power,the discordance of communication system and the nuclear division of warning level cause great trouble to the exercise of the administrative emergency power. In the defects of emergency response and rescue stage, many obstacles appear because of the lack of administrative division and the authority, the inaccurate handling of administrative discretion; the lawmaking emptiness of the exercise of administrative emergency power. As to the stage of recovery and reconstruction, the imperfect system of executive responsibility and relief is a disadvantage to the realization of the goals and value.The fifth part is to put forward perfect measures of terrorist violence emergency administrative emergency power in terms of the defects mentioned above. It includes the followings; in the stage of prevention and preparation, something must be done to improve in lawmaking and pre-arranged planning, establish unified subject of administrative emergency power, innovate policing to improve emergency skills and strengthen the preparation of emergency resource in the exercising of administrative emergency power. In the stage of monitoring and warning, we should perfect the system of warning and communication, by improving the accuracy of monitoring, a clear division of the warning level can be obtained, thus exploit the advantages of administrative Emergency powers to the full. In the emergency response and rescue stage, it's necessary to have a clear understanding of the subject and exercise of the administrative emergency power, begin rescue work rapidly. standardize the administrative emergency power, protect the rights of citizens, fill the blank of the operating procedures of administrative emergency power and the short of supervision. therefore, ensure the legitimacy and rationality; in the restoration and reconstruction stage, punish illegal administrative emergency power and protect the rights of citizens by means of improving the system of responsibility and relief of administrative emergency power.The last part is the epilogue, which summarizes the main viewpoint and hope of the author.