Study On The Legal Regulation To Administrative Powers In Emergencies

In the recent years,lots of emergencies which has brought great risks to people's production and life happen and keep rising in China.In order to deal with emergencies more quickly and efficiently,“Emergency Response Law of the People's Republic of China” stipulates that subject of liabilities for dealing with emergencies is government.The authority should discharge is administrative emergency power,which includes many aspects,such as decision-making authority,enforcement power,punishment power and so on.However,there are few laws and regulations covering administrative emergency authority.The main law is "Emergency Response Law".How to discharge the administrative emergency authority in reasonably and legally way and how to define it accurately become an important issue.First of all,the thesis summarizes the research status of administrative emergency power,and clarifies the significance and method of this research.Secondly,the emergent event is the logic starting point of administrative emergency authority.So,the article briefly analyzes the concept and characteristics of emergency.Through the summary of previous ideas,the thesis redefin es the administrative emergency authority,analyzes its characteristic.Thirdly,the author analyzes the problems existing power in Chinese laws about administrative emergency,which are reflected in decision-making authority,enforcement power,punishment power and so on.At last,it puts forward the principles and rules that we should comply with in the process of perfecting administrative emergency power,so as to provide the administrative organizations with more reference.