Research On The Legalization Of Administrative Emergency Response

With the development of the times and society,the occurrence of emergencies is a fatal disaster for the whole world.As the maintainer of public order,administrative organs play an important role as the main body of administration.Administrative emergency means are indispensable means to solve emergencies.On the premise of realizing the importance of administrative emergency,a more important issue arises at the historic moment.How to ensure the efficient,orderly and rational implementation and application of administrative emergency measures?Administrative emergency measures as an effective means of administrative emergencies,especially after China has experienced such emergencies as SARS,avian influenza and so on,the legalization of administrative emergency must be mentioned on the agenda of the legalization construction of our country to promote the integration of administration according to law.At the same time,different administrative departments are also trying to find a scientific and legal way to adapt to the development of their own administrative departments.The aim is to form a set of administrative emergency legal system to achieve the legalization of administrative emergency.Especially the first meeting of the 13th National People’s Congress was held the year before last.The meeting put forward an important and constructive plan for the development of our administrative system:the Reform Plan of the State Council’s Institutions.The establishment of Emergency Management Department is included in this plan.The establishment of Emergency Management Department not only puts forward constructive reform plan for the development of administrative organs in China,but also a constructive initiative for the development of the legalization of administrative emergency in China.It also puts forward higher requirements for the development of the legalization of administrative emergency.I argue that "legalization of administrative emergency" is a theoretical basis for starting from the"administrative emergency","legalization" and other aspects of the basic theory of this article to sort out and summarize,thus summed up the value theory of legalization and promote the legalization of administrative emergency.Guided by the two directions of human rights and constitutionalism,this paper tries to discuss the current situation in China.The problems of legalization of administrative emergency in the stage are analyzed,and then the advanced experience of foreign countries and the shortcomings of our country are summarized and summarized.Drawing on the advanced experience of the West to make up for the shortcomings and development of our country,and then systematize the construction of administrative emergency rule of law in our country.First of all,the foundation and core of the construction of the legal system of administrative emergency legalization should be the Constitution.On the basis of the Constitution as the core,it is necessary to establish a higher-level law "Administrative Emergency Law".Secondly,to solve the existing problems of administrative emergency in our country,we can learn from foreign laws and regulations to solve the problems,so as to get a more comprehensive and adapt to the development of the times of new administrative emergency problem solutions.Thirdly,after establishing the core issues of administrative emergency,the specific problems and systems of administrative emergency should be established.Mainly from the perspective of responsibility and information disclosure to establish and better implement the establishment and development of administrative emergency rule of law.The main body of this study is the legalization of administrative emergency.This paper mainly uses the method of empirical analysis of "administrative emergency" and"legalization".Then it explains the comprehensive summary and comparison of the full text through the comparison between domestic and foreign.The research on the rule of law of administrative imprint involves many subjects,not only the problems of administrative law,but also management,sociology and politics.Therefore,the development of the rule of law in administrative emergency has an indispensable and important role in my present stage.