The Problems And Countermeasures Of Public Emergency The Rule Of Law In China

In an age of social transformation, the frequent occurrence of various public emergencies indicates the deficiency of China's emergency law system. Under the circumstances of ruling the country by law and administrating by law, the establishment of a perfect mechanism for law and order in an emergency has become a key issue in the construction of our country's public emergency law system.Based on a systematic study of the current public emergency law system in China, the dissertation analyses its problems and deficiencies, and further explores ways to improve it. It sticks to an approach that combines theoretical exploration and empirical research, and lays emphasis on sketching out the development of our country's public emergency law system and exploring ways to perfect it based on sufficient evidences and data.Four parts are included in the dissertation. Part One briefly introduces the concept of public emergency law system and its characteristics, and discusses its three core factors: public emergency nomocracy, emergent occurrences, emergency, the explanation of which helps to define the denotation and connotation of the concept. Part Two addresses the necessity of constructing public emergency law system, and points out that the introduction of legality into the tackling of emergencies is an important part of ruling by law in order to construct a harmonious society, as well as a basis for relieving crisis and ensure civil rights. Part Three discusses the current status of our country's public emergency law system as well as its deficiencies. Firstly, there is a lack of uniform legislation for emergency, and there are contradictions between current laws and regulations which need to be solved. Secondly, the mode of legislation needs improving. Thirdly, the current public emergency law system is still imperfect. Some laws need to be established urgently, and some that have been set up needs supervision in their implementation. Fourthly, there is a lack of regulations on administrative emergency powers, and civil rights need to be further guaranteed. Part Four proposes the aim, emphases, and principles of the construction of our law system and the specific strategies to improve it as well. It is an important task to establish a perfect mode of legislation and a uniform emergency law.In conclusion, our country's public emergency law system will better suit the society and economy and develop faster only if we constantly promote its construction, bring it onto the track of the legal system, ensure that civil rights are guaranteed by law, and effectively put public power into practice according to the law.