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A Study of Urgent Administrative Action’s Validity under the State of Emergency

Author: RuanXiao
Tutor: HuJianZuo
School: Zhejiang University
Course: Constitutional and Administrative Law
Keywords: State of emergency Emergency Management Administrative action Effectiveness
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 110
Quote: 1
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Abstract

This paper re-define the connotation and denotation of our country in the future to develop the emergency law would be better to adopt a \The state of emergency means the end to restore normal constitutional rule of law in order to maintain the life of the nation , public order and social value . However , in an emergency for emergency management and the implementation of administrative behavior will inevitably illegal flaws , which need to study the effectiveness of administrative behavior . Emergency administrative action under the state of emergency is in a state of emergency announced that , in accordance with the Constitution and other relevant provisions of the state of emergency authorized administrative body treatment aims to return to the normal state the general term for a variety of administrative acts . The articles follow traditional administrative acts effectiveness four elements theory , analyzes the content and form of the effectiveness of the emergency administrative action under the state of emergency . The Public Force theory is being questioned in the academic community , but at least in a state of emergency is still limited in the form of the Public Force \A state of emergency for the Public Force is that makes part of the emergency administrative action may not be accepted by the court , \State of emergency also makes can not be the time of occurrence of the dispute force will be possible due to the limitation of time shall be suspended and push this program more stringent requirements should be re-opened . The state of emergency should not affect the unalterable force , should be able to change according to the procedures and legal reasons . State of emergency under execution needs to be protected rather than binding . State of emergency is still significant and obvious standard measure invalid administrative act , this resistance can not constitute a \The state of emergency automatically or will affect the announced end to the the emergency administrative act objectively failure .

A Study of Urgent Administrative Action’s Validity under the State of Emergency

Abstract

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