Study On The Legal Issues Of Administrative Emergency Right In Emergencies

As a special administrative power in the abnormal social situation,the administrative emergency right has the characteristics of urgency,concentration,superordination and expansion.Based on this,administrative emergency power can effectively solve related problems when dealing with public health emergencies.However,the right of administrative emergency is also a double-edged sword.While achieving the principle of efficiency,it will also break the power boundary in the process of power exercise,leading to the abuse of the right of administrative emergency,which may infringe on the basic rights of citizens.Therefore,it is necessary to study the exercise of administrative emergency power,and make its power operation efficient and standardized through corresponding legal regulations.This text will place research on the exercise behavior of the right to administrative emergency in the background of unexpected events,take typical examples of exercise of the right to administrative emergency in unexpected events as the object of empirical research,then analyze the shortcomings of administrative emergency in the exercise process of our country,and propose corresponding perfecting suggestions according to the shortcomings,by order to standardize the exercise of the right to administrative emergency.The author divides the main body of this paper into four parts.Part One: Introduction of the case.By sorting out the development process and processing results of the case,this part clarifies the beginning and end of the case,analyzes the reasons for the dispute caused by the case in the process of sorting out,and summarizes the focus of the case on this basis.Part two: Analysis of the legal rationality of the administrative counterpart’s behavior in this case.This part mainly makes a detailed analysis of the two prohibitive provisions in the administrative normative documents of this case involving the behavior of a family of three--"It is strictly prohibited to gather a crowd" and "it is strictly prohibited to obstruct the staff from performing their duties",and combines with the microscopic legitimacy analysis of the staff’s power exercise behavior to obtain the legal and reasonable behavior of the administrative counterparts in this case.It shows that the administrative emergency power has the phenomenon of power abuse in the concrete practice.Finally,on the basis of the above analysis,the conclusion is drawn whether the administrative counterpart of the case constitutes an administrative violation.Part Three: The legal and rational analysis of the administrative emergency right exercised by the staff in this case.This part at first makes analysis of the connotation and legislative current situation of the right of administrative emergency of our country and draws the exercising body and legal basis of the right of administrative emergency.Secondly,it analyzes the legality of the basis for exercising the administrative emergency right in this case.Finally,combined with the specific principles of administrative emergency rule of law,namely,the principle of administration according to law,the principle of efficiency,the principle of proportion and the principle of human rights protection,the author analyzes the problems existing in the subject qualification,the way of power exercise and the protection of the counterpart’s legitimate rights and interests during the exercise of the right of administrative emergency.Part four: case study summary and enlightenment.This part makes a brief summary and evaluation of the exercise of the administrative emergency right of the staff in this case on the whole,and combines the problems in the exercise of the administrative emergency right mentioned above to put forward targeted regulations and improvement suggestions.