Research On The System Of Government Emergency Plan From The Perspective Of Rule Of Law

All things in peace and danger,thinking is prepared,prepared is not trouble.Due to the rapid development of economic globalization and information networking,the influence of emergencies is greatly enhanced,which will cause immeasurable harm to the society.With the acceleration of social modernization,the emergency plan,as an important basis for the government to exercise the power of administrative emergency disposal,plays a guiding role in the emergency treatment of emergencies.In 2003,after winning the victory against SARS,China began to set up an emergency management system with "one case and three systems" as the core.With the promotion of the construction of the rule of law society,the construction of the system of the government’s emergency plan is also accelerating.As an important link in the system of the emergency plan,the implementation effect of the government’s emergency plan is directly related to the safety of people’s life and property.Therefore,it is necessary to strengthen the regulation of emergency plan system and enhance the ability of emergency rule of law.The legal nature of emergency plan has been in a state of ambiguity because the academic research on emergency plan is not deep enough.As for the unclear nature of emergency plan,not only in the theoretical circle,but also in practice,the court and the government’s definition of the nature of emergency plan is also controversial.At present,there are still problems such as unclear nature,improper procedures,neglect of citizens’ rights and lack of supervision mechanism.Therefore,it is necessary to regulate the government emergency plan to ensure the stability of social order.This paper proposes suggestions on standardization,institutionalization and operability of emergency plans by learning from the development of emergency plans in the United States and Japan.From the perspective of rule of law,adhere to the rule of law concept to protect citizens’ rights,and further improve the legal system of emergency management.The state reasonably formulates emergency plans from the perspective of protecting citizens’ rights.In the process of implementing emergency plans,citizens’ rights should also be protected,the implementation of emergency plans should be promoted in a fair and just way,and the emergency plans should be constantly improved and updated in time.It defines government emergency plans as administrative normative documents,thus standardizing the formulation procedure of emergency plans and clarifying the scope of authority of the formulation subject.We will standardize government power to protect citizens’ rights,and improve mechanisms for starting,implementing and ending emergency plans.Finally,we should strengthen the supervision and review mechanism of government emergency plan through internal supervision and external supervision.According to the requirements of administration according to law,further promote the legal level of our emergency management.Government emergency plan plays a guiding role in emergency work and its standardized construction contributes to the development of emergency plan system.The regulation of government emergency plan system has great influence on the development of the whole emergency management system.