An Analysis Of The Improvement Path Of Supervising Administrative Emergency Powers In China

Although administrative emergency power and administrative emergency power are both "extraordinary" state powers,they differ greatly in terms of application scenarios and procedural requirements,so the problems and normative paths of both cannot be examined in the same context and institutional system.Administrative emergency power refers to a series of powers that arise from the specific state administrative organs taking emergency disposal measures in accordance with the constitution,laws,regulations and other relevant provisions in order to respond to emergency events.In order to effectively respond to emergencies,administrative emergency powers are often centralised,expansive and procedurally simple,making it more necessary to strengthen their supervision compared to general administrative powers.There are sufficient normative bases for the supervision of administrative emergency powers,including Basic principles for exercising administrative emergency power,the constitutional basis obtained through the interpretation of the purpose of the emergency clause in the constitution,the normative system for the supervision of administrative emergency powers with the Emergency Response Law as the core,the refined rule system for the supervision of administrative emergency powers with administrative regulations as the main carrier and the innovative rule system for the supervision of administrative emergency powers with policy texts as the basic form.From the perspective of the ideal system design and operation,there are still relatively obvious problems in the supervision of administrative emergency power in China,which are manifested in the absence of internal supervision and the lack of external supervision of administrative emergency power.The reasons for this are:from an internal perspective,the existing normative system is unable to provide sufficient institutional supply for an internal oversight system with the administrative hierarchy as the core,nor is it able to establish a collaborative administrative oversight;from an external perspective,the filing and review oversight by the National People’s Congress,the authority of supervisory oversight,the effectiveness of judicial oversight and the strength of social oversight are not satisfactory.Therefore,it is necessary to reconstruct and improve the supervision system of administrative emergency power.Firstly,the principles of optimizing the legal supervision of administrative emergency power should be reiterated and established,including but not limited to the principles of rule of law,appropriateness,efficiency,and timely disclosure.Secondly,with the "Emergency Response Law" as the starting point,explore the standardized path of administrative emergency level supervision from two aspects:emergency plans and procedural control;At the same time,taking "information" as a link,we should consider the administrative collaborative supervision system of administrative emergency power from the perspective of information communication,exchange,and sharing construction.Finally,optimize the external supervision system by improving the filing review,enhancing the effectiveness of supervision,strengthening the effectiveness of judicial supervision,and consolidating social supervision forces.