应急程序论纲

Outline of Emergency Response Procedure

应急程序是在紧急的状态下控制行政权力的需要,具有简化性、必要性和暂时性的特点。《中华人民共和国突发事件应对法》作为非常态法律秩序的"基本法"更多的是一种"过程法",只能说明在突发事件发生的前后环节中,行政机关有了采取某种应对措施的法律依据,尚不能说应急行政权力有了可行的程序规范。在今后《紧急状态法》和其他应急法律中,应根据应急程序的特殊要求制定或完善有关应急程序的内容。

The emergency response procedure is necessary to administrative power control in a state of emergency, with features of simplicity ,necessity and temporality. The Law of the People＇s Republic of China on Response to Emergencies （hereinafter referred to as ＂the Law on Response to Emergencies＂ ）, as a basic law under abnormal circumstance, is somewhat a kind of law of process. It only shows that the executive authorities gain a legal basis to take certain response measures before and after the state of emergency. It, however, doesnt mean that the administrative power under emergency has had a feasible procedural regulation. In the future, the law of state of emergency and other emergency taws should establish or perfect the relevant procedure of response to emergencies in accordance with its special requirements.