Administrative Emergency Power

In view of the development and evolution of the administrative laws and regulations in China,the debate about the right to administrative emergency has a long history.However,since the period of reform and opening to the outside world,scholars have not reached a unified consensus on its connotation,concept,form of realization and legal regulation.In recent years,with the rapid development of China's economic level,population density,city construction,public safety,health accidents,social conflicts and other public emergencies more frequently,on the one hand to challenge the administrative organs of the ruling ability,on the other hand,to perfect the legal regulation system of the right of emergency the administration has put forward more urgent requirement.As a special administrative power,the administrative emergency power has prominent characteristics such as complexity of contents,urgency of decision making and complex nature.It plays a very important role in dealing with emergencies and ensuring social order.Research on the legal regulation system of administrative emergency power can not only make our administrative legal system is more perfect,to promote the development of related theory,the more important is that it can make the administrative organ of this authority is more standardized and efficient,help to improve the management of public emergencies timely,scientific and effective and the effect of governance.The research on the basic theory of administrative emergency power is still part of the fuzzy and defects,this paper gives detailed combing the concept of administrative emergency power connotation,characteristics,principles,scope,meaning the legal basis,the constitution,administrative law support and other core issues.On this basis,combined with China's public emergency treatment experience as well as the typical foreign legislation of China's existing administrative emergency system problems are analyzed in detail,including the administrative emergency legal system is not perfect,the power division of the main single,power allocation is not standardized,imperfect supervision mechanism four aspects,risk at the same time,the exercise of the practice of administrative emergency power can not be ignored.By increasing the authorized provisions,strengthen procedural legislation;set up special administrative emergency authority,play the role of professional organizations;clear rights and the configuration specification refinement exercise procedural provisions;combination of internal and external supervision mechanism,supervision mechanism of the establishment of public information system,can effectively solve the problem.