ghd planchas Recommended the establishment of Chin

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Recommended the establishment of China's Administrative Procedure Code, provision of emergency procedures


suggested in our administrative Procedure Code, the establishment of emergency procedures in terms of Mo on the River

China People University Law Hospital, Beijing 100872
Mo in Sichuan, China People's University Law School Professor, Renmin University of China constitutional the rule of law and administrative Research Center Deputy Director, Law Dr. Main research direction is the theory of administrative law and practice the problem.
this paper public emergency perspective of legal construction of the emergency administrative procedures, improving the practical significance to study a number of national administrative procedures,mbt shoes ireland, emergency procedures standardized legislation proposed in the Administrative Procedure Act in China terms of additional emergency procedures specific recommendations.
This article discusses the realistic meaning of consummating emergency administration proceeding from the point of public emergency legal system construction.It also scrutinizes emergency proceeding clause in administration proceeding code of other country.Then it suggests particular advice on setting up emergency proceeding clause in administration proceeding code of our country.
Public Emergency Law / Administrative Procedure Act / Emergency Process Clause of the
public emergency legal system / administration proceeding code / emergency proceeding clause.
CHINESE No.: DF3 Document code: A Article ID :1005-951206-0008-04
a public emergency the rule of law and administrative procedures of emergency in the fight against SARS
public crisis management in government at all levels and executive take a lot of emergency response measures, such as the establishment of prevention and control headquarters, timely publication of the epidemic, treatment and strict isolation point, emergency requisition needed facilities, strengthen market supervision and traffic control, etc., achieved remarkable results; the same time, the process of crisis management in public, there are many lessons warning people: You must comprehensively strengthen China's major emergency response mechanisms, namely the construction of crisis management system . From system construction point of view, a major emergency government response mechanisms, including prevention mechanism, response mechanism, resource allocation mechanism and auto-repair mechanism, involving emergency plans, organization, material security, the legislative , policy ,tory burch outlet, public education and other system elements.
national SARS prevention and control of the government's emergency legislation and practice shows that the lessons learned: a major emergency response mechanism should be efficient and stable operation, to play its due role, we must improve the public emergency the rule of law. . ) Early stages of China's SARS prevention and treatment of poor legal protection of public emergency in various situations showed that: there is no sound public emergency the rule of law there is no effective emergency government, a sound state of public emergency the rule of law is the public emergency system, the most important non-technical support system is one of the public to effectively resolve the crisis is an important safeguard mechanism. In the modern rule of law, to prevent major incidents of the huge impact the entire country full of life and social order out of control, requires the use of executive emergency powers , and implementation of systems supporting emergency legal specifications, to adjust the public in emergency situations, social relations, control and elimination of emergency situations return to normal production and life and law and order and safeguarding the interests of public and [u] citizens the legitimate rights and interests, this is a public emergency the rule of law. This article discussed the legal system of public emergency, is a public emergency caused by how to deal with emergency situations between state power, state power and civil rights between the civil rights of various social relations between legal norms and principles of the sum of its core and backbone is Constitution in the emergency provisions and unified Public Emergency Law or state of emergency. Public Emergency Law is an unconventional state in the country the rule of law are the basis of a national legal system and legal system is an important part of discipline.
and the normal state operation of law mechanisms, the legal system has many characteristics of public emergency. There are five main features:
power priority. This refers to the unconventional state, and legislative, Justice compared to other state power, compared with the statutory rights of citizens, with a priority of executive emergency powers and greater authority, For example, can restrict or suspend some constitutional or statutory rights of citizens to exercise.
handling of emergency. This refers to the state in unconventional, if not for the special case of specific legal provisions, the executive can also be emergency procedures in order to prevent the public interest and civil rights have been even greater losses.
program specificity. This refers to the unconventional state, the exercise of executive emergency powers act to follow some special procedures, such procedures can be through non-emergency decree and the introduction of certain measures, or some of the decrees and measures adopted to set higher threshold matter, or ex post facto review.
society with nature. This refers to the unconventional state, the obligation to cooperate with organizations and individuals the exercise of executive emergency powers, and provide the necessary help.
limited relief. This refers to the unconventional state in the exercise of executive emergency powers law relative to the legitimate rights and interests of the executive caused the damage, if damage is widespread and large, the Government can provide only limited relief, such as the considerable compensation, proper compensation, and so on.
should be noted that the government crisis management in public administration need to use emergency powers to take a series of emergency measures when necessary, break some laws and norms, or even suspend or restrict some of the constitutional rights of citizens, with great priority, urgency, mandatory and authority,p90x workout schedule, and thus arbitrary and abuse with the special conditions and possibilities, and need to be effective supervision and constraints; and emergency special administrative procedures the judicial process, binding procedures such relief program but one of the most effective restraint mechanism, which is the basic requirement of modern law.
Second, foreign legislation, administrative procedures, emergency procedures specification
from the latter half of the 20th century in many countries the legislative practice of administrative procedures for special and emergency needs of administrative law, specifically in the Code of Administrative Procedure terms of number of emergency procedures set up to regulate emergency administrative action, is a relatively common and effective practice. Here in the United States, Spain, Japan, Korea, Portugal and other countries, administrative procedures, legislation, for example slightly inspection.
adverse effects or significant threat in the case, you can also take the measures prohibited. written notice to permit holders,ghd planchas, leading authorities to take the measure of the facts or conduct; and give proof of license holders the opportunity to fully comply with legal requirements, or complete the legal requirements of the opportunity, intentional, or public health, public interest, while the other requirement other than public safety.
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