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Legal Analysis on the Exercise of Administrative Emergency Power

Author: ZhouFei
Tutor: ChenZeHua
School: Wuhan University of Science and Technology
Course: Administration
Keywords: State of emergency Administrative Emergency Power Legal system
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 20
Quote: 0
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Abstract


State of emergency for the normal state , is a very hazardous and the urgent need to respond to the very state . Quell emergency momentum in this state , as soon as possible , to safeguard civil rights , government can not shirk responsibility to restore the normal social order , which is an integral part of the administrative exercise of emergency powers . Rigidity is more than enough flexibility , lack of regulation exists in the exercise of the administrative emergency powers and the nature of the public rights of . In order to protect the rights of citizens under the state of emergency , to prevent abuse of the state of emergency under the emergency powers of administrative administrative emergency powers necessary legal regulation . However , Today no unified emergency law in the country , on the exigencies of the situation in response to the growing issued only in accordance with the the individual relief laws and regulations , the Emergency Response Law or related administrative rules and regulations of the administrative emergency powers in the event of an emergency exercise the lack of legal regulation . Thus vulnerable to violations of civil rights protection and relief under this particular exigencies of the situation becomes hidden , but also the reality of the modern democratic state under the rule of law effort to solve one of the problems . Therefore, we proceed from the basic theory of the administrative emergency powers in order to achieve the purposes of the administrative emergency powers exercised legal regulation . On the basis of the analysis the foreign administrative emergency powers rule of law, as well as our state of emergency related laws and regulations , and focuses on the regulation of the right of administrative emergency . Analysis of the the administrative emergency exercise of the right of a state of emergency exists in the purview of procedural norms , the protection of the rights and remedies , supervision and accountability issues . Try to solve these problems the feasibility recommendations to strengthen emergency laws systemic improve administrative emergency exercise program , established administrative exercise of the emergency powers permission perfect right to relief channels to establish the administrative supervision of the emergency powers accountability mechanisms , such as trying to make some useful exploration for improving the legal system of the state of emergency under the administrative emergency exercise .

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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