| In recent years,China’s natural disasters,accidents,public health,social security and other emergencies occur frequently,which not only seriously affects the safety of people’s lives and property and the orders of society,but also poses a major challenge to the government’s crisis management ability.As a kind of special administrative power,the power of administrative emergency disposal plays an important role in dealing with emergencies due to its expansibility,centralization and particularity of procedure.Since the outbreak of SARS in 2003,with the promulgation of emergency response law,infectious disease prevention law and other laws,the exercise of administrative emergency response power has been gradually standardized.However,in the novel coronavirus pneumonia outbreak in 2020,the administrative emergency disposal power has exposed many problems.Therefore,taking the emergency as the logical starting point and the administrative emergency disposal power as the main line,this paper makes an in-depth study on the administrative emergency disposal power based on the relevant researches at home and abroad.From a legal point of view,this study can make the administrative sections more standardized in the exercise of power when dealing with emergencies,so as to enhance the scientificity,efficiency and timeliness of the administrative sections in dealing with emergencies;From a practical point of view,it is also of great significance to study the role that the power of administrative emergency plays in response to quickly quell the emergency situation,restore and stabilize the role of society,as well as minimize the personal and property losses caused by emergencies.In addition to the introduction,this paper is mainly divided into four parts:The first part mainly analyzes the concept and basic theory of the power of administrative emergency.Firstly,according to the emergency response law,the concept and the characteristics of emergency are defined and explained;Secondly,it gives a detailed description of the meaning,nature and characteristics of administrative emergency disposal power;Thirdly,it interprets the legal basis of the administrative emergency disposal power,mainly from three aspects — the expansion and restriction of power,the reduction and protection of rights,the priority of efficiency and fairness;Finally,it explains the necessity of the exercise of administrative emergency disposal power.The second part is the analysis of the current situation,existing problems and causes of the administrative emergency disposal power in China.First of all,it mainly introduces the normative documents from the national and local level,on which the exercise of administrative emergency response power is based;Secondly,it analyzes the problems caused in the process of exercising power,including the unclear responsibility of the emergency subject,the imperfect emergency procedures,the problems about emergency measures,and the imperfections in the protection and relief of civil rights.For these specific problems,this paper analyzes the reasons from three aspects,which mainly consist imperfect legislation;Lack of coordination between emergency departments;the supervision of power which needs to be strengthened.The third part contains the institutional advantages of China to deal with emergencies and the analysis of extraterritorial administrative emergency system.In view of the COVID-19 in 2020,China has shown its strong institutional advantages: adhering to the leadership of the CCP,adhering to the main position of people and centralization and unification of the governing mode.Then it briefly analyzes the characteristics of emergency legislation and emergency system of the United States,Japan and Germany.The multi-level emergency system of the United States,the legislation of Japan on natural disasters and the relatively complete emergency system of Germany have certain reference significance for China.The fourth part puts forward the suggestions for the standard exercise of the administrative emergency disposal power,mainly from the main problems of the administrative emergency disposal power at present: firstly,it puts forward that China should improve the administrative emergency legislation,including sorting out the existing laws and regulations so as to form a relatively perfect legal system.For example the amendment of the emergency response law for enhancing the operability of it,the establish went of a higher-level law to deal with emergencies as a whole;Secondly,the responsibility allocation of the authorized subject and the participants in dealing with emergencies should be clarified;Thirdly,establish a scientific and orderly procedure for exercising power,including emergency plan procedure and government information disclosure procedure;Finally,further improve and standardize the emergency response measures,as well as civil rights relief measures and strengthen the supervision of power. |
