Research On Administrative Emergency Power In Public Health Emergencie

With the rapid development of social economy,public health emergencies occur from time to time,which not only has an impact on our lives,but also puts higher requirements for the construction of government ruled by law.At the same time,China realizes that the construction of Administrative response mechanism is very important to deal with public health emergencies,and the administrative emergency power is one of the important power,which can not be ignored.Administrative emergency power is a double-edged sword.On the one hand,it can concentrate power and resources to deal with public health emergencies;On the other hand,the administrative emergency power also centralizes and simplifies legal procedures,which is easy to cause the abuse of power and infringe on the basic rights of citizens in the state of emergency.The“SARS”in 2003 and the“COVID-19”in early 2020 have brought great challenges to the emergency management,and the study of administrative emergency power has been paid more attention.However,the exercise of administrative emergency power needs to be improved.This paper puts the research of administrative emergency power under the background of public health emergencies,and discusses the concept,characteristics and development Process of administrative emergency power based on previous studies.This paper analyzes the shortcomings of administrative emergency power,trying to improve the construction of emergency legal system and Standardizing the exercise of administrative emergency power.There are fore major parts of this paper(Chapter one to chapter five).The first part introduces public health emergencies and administrative emergency power.In this part,the author summarizes the concept,characteristics and classification of public health emergencies.And summaries the concept,classification,constituent elements and characteristics of administrative emergency power,in order to strengthen the understanding of administrative emergency power and lay a foundation for the research of subsequent chapters.The second part discusses the historical context and current situation of the development of administrative emergency power in China.From the beginning of "martial law" to the "era of authorization law",it reflects the changes of administrative emergency power.At the same time,through the research on the legislative status and operation status of administrative emergency power in China,we can further understand the situation of administrative emergency power in legislation and Practice.The third part introduces the exercise of emergency power in foreign countries,and provides the reference direction for the exercise of emergency power and the progress of emergency legal system in our country,so as to bring inspiration to our country’s administrative emergency law enforcement,also to improve the deficiency of emergency management system and the exercise of emergency power.The fourth part introduces the problems and cause analysis of administrative emergency power.In this part,the author selects some cases caused by the exercise of administrative emergency power in practice.Through the analysis of these cases,it can be found that even though the exercise of administrative emergency power in China is making progress,it still needs to be supplemented and improved in emergency legislation,emergency subject,emergency procedure,Emergency Supervision and so on.The fifth is about the measures to improve the exercise of administrative emergency power.Administrative emergency power is not only a powerful administrative power,but also a special administrative power.Its exercise often involves all types of administrative acts.The exercise of administrative emergency power determines the choice of emergency measures,which affects the rights of citizens.Therefore,in order to improve the use of administrative emergency power.The author offers suggestions,which hoping to help the judicial practice.