A Study On The Legal Regulation Of Administrative Emergency Power Under The State Of Emergency In Our Country

Emergency is a kind of crisis situation in fact first,and then a legal emergency.After the competent administrative subject decides and declares the emergency state,the corresponding emergency subject shall exercise the corresponding emergency power to deal with the emergency in accordance with the provisions of the Constitution and law.Administrative emergency is a special power,which has the characteristics of emergency,concentration and beyond regulations.Therefore,administrative emergency power sometimes has the characteristics of exceeding the established legal norms.Therefore,it is important to the legal regulation of administrative emergency power in emergency.How to regulate and limit administrative emergency power in relevant laws is the most important research content of this paper.The main contents of this paper are as follows: the first part,the concept of emergency and the concept,characteristics and operation principles of administrative emergency power are summarized.The second part analyzes the necessity of administrative emergency regulation and the main path of administrative emergency regulation.The third part analyzes the current situation of the legislation of administrative emergency power in China,and compares the relevant regulations of foreign administrative emergency power regulation.The fourth part,analyzes the shortcomings of emergency state in China,and puts forward some suggestions for the future legal regulation of administrative emergency power in China.