On The Legal Control Of Domestic Executive Emergency Power

Now our country is at the period of social transformation, and at the same time, it has entered thefrequency of public emergency period. How to effectively deal with the emergency crisis, protect theinterest of our country and the public and ensure the normal rule of law order is an important issue thatacademic circles and practical circles will face. As an abnormal law status, State of Emergency is whensome srious crisis hapeens in the country or some certain district, the state has to get rid of the crisis stateby starting and exercising Executive Emergency Power.As soon as announced, State of Emergency willlegally enter the national emergency power legally exercise field. Because the executive power itself hasthe features of quick reaction, efficient operation, involving a wide range and so on, authorized ExecutiveEmergency Power can quickly wipe off crisis and meet social requirements when dealing with State ofEmergency, and it is in a leading status in the whole process. The effectively performance of ExecutiveEmergency Power takes an important part in protecting the public interst and regaining social order as soonas possible. But at the same time, the characteristics of urgency, concentricity and expansion of ExecutiveEmergency Power can easily cause power abuse, which will cause serious threat to the society and thecitizens’ leagal rights. Under State of Emergency, in order to take control of and wipe off the crisispromptly and effectively, the performance of Executive Emergency Power may impose some restictions onpersonal rights, but such restrictions is leagal as well as necessary. The expansion of Executive EmergencyPower and the restrictions an personal rights is not arbitrary, it must strictly follow the conditions of thesubstantive requirements and the procedure requirements.Besides, it must receive the valid supervisionfrom legislative body, judical authority and administritive organs. In addition, respecting and assuringhuman rights is the spirit of modern national rule of law. The menthods of relieving the restrictions andvilation on human rights under State of Emergency must be provided. Therefore, to assure the maximumhuman rights and persue balance between public and personal interst while the Executive EmergencyPower is orderly operated, the leagal control of Executive Emergency Power must be constantly improved.This paper first introduces some relative fundamental content about Executive Emergency Power. TheState of Emergency as premise for starting Executive Emergency Power, some scholars have different views on the State of Emergency. By analysing determined the application of the premise of ExecutiveEmergency Power and introduced the constituent elements of State of Emergency. The ExecutiveEmergency Power as the important object of research in this paper that first leads to the concept of theNational Emergency Power, and then analysing the concepts, attributes and value of Executive EmergencyPower. The Executive Emergency Power is both a necessary power, can be to timely and effective mannerto eliminate the state of emergency, but is also a dangerous power. It would bring serious harm to societyand against the legitimate rights of citizens if it has been abused. Therefore, it is very necessary to make theExecutive Emergency power be standardized and clearly through the laws. The paper analysed the need forlegal control on the power set up, power regulation, protection of human rights, power supervision.Secondly, this paper explains the current situation of the leagal control of Executive Emergency Powerhome and abroad. It introduces the current situation and the drawbacks of leagal control in our country.Then by analysing foreign countries’ ways of leagal control on the starting of Executive Emergency Power,performing process and rights protecting, it mentions the experience and tendancy of leagal control of someforeign countries under the rule of law, and it would bring some advice for us. Finally, it provides somesuggestions on how to perfect the leagal control of Executive Emergency Power in our country. Theexercise of the Executive Emergency Power should follow some principles, these principles guided andregulate the implementation of power from on macroscopic guide. To perfect the exercise of ExecutiveEmergency Power, it has an important guiding significance for the application of law and the choice ofbehaviour. In addition,owing to our country doesn’t have a systematic law on state of emergency,adminisritive organs doesn’t have enough leagal basis when dealing with State of Emergency, whichalways results in enbarrassment. The auther bases this paper on our national conditions, and puts stress onthe four aspects of legislative system, running the program, power supervision and the right to relief ofExecutive Emergency Power, in order to seek the train thought of perfecting our country’s law of leagalcontrol of Executive Emergency Power.