Research On Administrative Emergency Principle In Emergency Legal System Construction

The study of the Principle of Administrative Emergency in China haswitnessed its peak and low tide. It has been brought up in end of the1980s,and was forgotten since then, except for very rare situations when it wasneeded to provide legitimacy for some administrative actions. Comparingwith the study of other administrative principles, there is less study towardsPrinciple of Administrative Emergency. There is no monograph on it, andthose practitioners have no interest in it. This situation of the study towards ithas lead to a series of problems: the definition of it is not clear; the nature ofit is still need to be discussed; and there are possibilities that it might beabused. As the fundamental principle in the area of emergency system, itneeds more attention.It is due to these reasons above and my personal interest in it that Idecided to choose it as the topic of my thesis. This article will try to reviewthe history of the principle and make an analysis about its value, with thehope to answer those questions brought up above.The body of this article will be divided into five parts. The first part willmake an investigation to the definition, nature and applying condition to theprinciple. With the introduction to its history, different understandingstowards the principle will be shared.The second part will focus on the development history of the principle.It traced back to the Middle Ages to find out the theoretical foundations ofthe principle. This part also pays attention to the requirement from thecurrent world to the principle.The third part discussed about the values of this principle. As a legalprinciple, its legitimacy comes from its value. This article reached aconclusion on the value of the Principle of the Administrative Emergencythat it will help to properly allocate the administrative power and it will also functioned to protect human rights. Meanwhile, this part also analyzed thenegative side of the principle and its possible results.The fourth part will make an inquiry to the effects of the principle to thetraditional structure of the separation of the three powers, with anobservation that it will lead to the retreatment of the legislative and judiciarypower and the concentration and expansion of the administrative power.The fifth part is about the practice in China and the instructive valueof the principle. With the analysis of the current problems, this articlereached the conclusion that an Emergency Act may be a good solution to allthose problems.