On The Legal Regulation Of The Administrative Emergency Power

Recent years,public emergency of the world scope brought serious disasters to the human society.In the modern democratic constitutionalism country,the administrative emergency power must be rational regulatory system in order to prevent the abuse of government authority,the protection from arbitrary deprivation of civil rights.In August 2007,sudden incident responsive law has been promulgated.It helps the prevention and reduction of the occurrence of unexpected public incidents.It Will play an important role for controlling,reducing and eradicating the social harm emergencies caused,protecting people's life and property safety,the protection of national security and social order.In the foundation of massive literature material,this article obtains from the implication of the administrative emergency power,analyzes the present situation and the insufficiency of this problem in our country and then analyzes the objective necessity of the legal regulation to the administrative emergency power,and points out the general principles of executive the power,and proposes some conceptions to consummate the legal regulation for administrative emergency power of our country.The thorough study of the related problems of administrative emergency power will certainly promote the development of mechanism of emergency state in our country and shall improve the legal system of administration emergency state and play a positive role in strengthening legality in China.At the same time,the author believes that the problems of legal regulation to the administrative emergency power should be considered under the background of the legislative work and achieve the perfect goal gradually.