Study On The Legislation Of Administrative Emergency Procedures

In modern society,uncertainty risks are increasing.Natural disasters,accident disasters,public health events,and social security events threaten the safety of life and property of the general public.After the occurrence of an emergency,it is necessary for the administrative organ to actively assume the responsibility of maintaining social order and take various measures to reduce various adverse effects caused by the emergency.The current legislation focuses on regulating the distribution of power among administrative organs in the event of emergencies,and promoting the orderly implementation of emergency response work by clarifying the responsibilities of various departments.However,there are relatively few provisions on power restrictions in existing legislation,making it difficult to fully protect the rights of the administrative counterpart.Citizens’ right to know,property rights,and personal freedom are all facing the risk of being improperly infringed.Therefore,legislation should be adopted to integrate existing administrative procedure provisions,regulate the exercise of power,protect the rights of the administrative counterpart,and address the scattered issues existing in the existing administrative emergency procedures.At the same time,from a practical perspective,the legislative practice of domestic emergency legal norms and foreign emergency laws has provided valuable experience for the legislation of administrative emergency procedures in China.The codification of administrative procedures has also provided a platform for the legislation of administrative emergency procedures,and the legislation of administrative emergency procedures is feasible.In terms of specific legislative design,considering that China’s administrative procedure law is being systematically compiled,in order to facilitate reference and highlight the integrity of administrative procedure legislation,administrative emergency procedures should be considered as a section of the special administrative procedure chapter.The legislation of administrative emergency procedures should not only ensure the efficiency of administrative organs and achieve administrative objectives quickly and efficiently,but also avoid situations where improper expansion of administrative power harms the rights of the opposite party.In the field of administrative emergency legislation,China has formulated numerous emergency special laws based on the principle of "one matter,one legislation".The emergency special laws take the rapid and effective handling of emergencies by administrative organs as the starting point of legislation,clarifying the responsibilities of people’s governments at all levels and relevant departments.At the same time,in order to ensure the effective exercise of administrative powers,the separate emergency law provides for some administrative emergency procedures in addition to substantive provisions.However,such decentralized legislation results in a lack of systematic procedural provisions,as well as a lack of integrity in emergency declaration procedures,emergency law enforcement procedures,emergency participation procedures,and information disclosure procedures.Incomplete procedural norms are difficult to effectively guide the exercise of administrative emergency powers."The procedures for initiating and removing administrative emergency situations should be clearly defined in legislation,information should be promptly disclosed,administrative emergency law enforcement procedures,administrative emergency participation procedures,and emergency plan revision procedures should be stipulated,and sound administrative emergency procedures should be established."...