Study On The Exercise Of Emergency Powers By The Central Authorities In The Special Administrative Region

A country’s handling of emergencies is an important criterion for judging its level of rule of law.In emergency situations,the exercise of state emergency power usually shows the characteristics of expansion and super-constitutionality.The initiation of the state of emergency is a sign of the change of law and order before and after the disposal of major emergencies.Perfecting the emergency management mechanism in China is of great significance for the efficient and orderly response to major crises and the modernization of the national governance system and governance capacity.China’s interior and the Special Administrative Region "one country,two systems",the State granted the Special Administrative Region a high degree of autonomy.How to respect the high degree of autonomy of the Special Administrative Region and abide by the Basic Law of the Special Administrative Region,while using state power to solve the emergency situation of the SAR,is the main problem of this paper.This article is divided into five parts:The first chapter mainly discusses the theoretical basis of the right of emergency.The concept of emergency right has different understandings in the academic circles,and this paper obtains the general concept of emergency right through the integration of the historical source of emergency right and the theoretical discussion of concept,and obtains the most direct understanding of the concept of emergency through comparative analysis of emergency and similar related concepts.On the basis of understanding the basic concept of emergency right,the theoretical origin of emergency right is expounded and analyzed.In the second chapter,this paper mainly organizes and discusses the relevant theories in the special exercise of emergency right.This includes two parts: first,based on the basic state policy of "one country,two systems",the exercise of emergency power in the Special Administrative Region has certain particularities,in order to understand this particularity requires a comprehensive understanding of the "one country,two systems",the central comprehensive governance theory,this part will mainly focus on the theory of comprehensive governance related to emergency power,and in the theory of comprehensive governance of the most direct central authority directly related to emergency power;These two points form the main part of this chapter.The third chapter is also the focus of this paper,the central government in the Special Administrative Region to exercise the status quo of emergency power.This part is also mainly divided into two points: first,to carry out a specific analysis of the current legal situation of China’s exercise of emergency powers in the Special Administrative Region,including the relevant provisions of the Constitution and the relevant legal provisions of the Basic Law of the Special Administrative Region,and secondly,in order to achieve a more complete legal system for the exercise of emergency powers in the Special Administrative Region,but also in order to better integrate emergency powers with the local emergency rule of law,the second part mainly introduces the local emergency rule of law in the Special Administrative Region,and find ways to integrate it with the exercise of emergency powers.Chapter Four,this part discovers its problems based on the analysis of the status quo of the exercise of emergency power in the special administrative region.The main problems of my country ’ s exercise of emergency power in special administrative regions are: first,the imperfect construction of the legal system for the state of emergency in our country will directly hinder the application of the emergency power in our country;second,the entry threshold of the state of emergency in our country is relatively high,and it will directly hinder the application of emergency power in our country.As a result,the emergency power of our country is not applicable,and the state of emergency law is shelved;third,the basic law of our country on the state of emergency is relatively general,which will bring difficulties in the exercise of the emergency power.Chapter Five,based on the problems of Chapter Four,this article mainly proposes the following solutions: First,improve the relevant legislation for the exercise of emergency powers,which is the most basic and the most important.Only with the prerequisite provided by law can the right of emergency be better exercised,including:establishing a sound emergency legal system,lowering the standards for declaring emergency states,concretizing and detailed legislation on emergency states in special administrative regions;second,strengthening cooperation between the central and special administrative regions.It mainly includes expanding the emergency response power of the special administrative region and exercising emergency power in conjunction with the emergency response system of the special administrative region.