Open AccessStudy on China’s Judicial Review Mechanism of the Administrative Emergency Acts under Critical Situations
Author(s) -
Leyan Tang
Publication year - 2022
Publication title -
bcp social sciences and humanities
Language(s) - English
Resource type - Journals
ISSN - 2692-6172
DOI - 10.54691/bcpssh.v16i.433
Subject(s) - mechanism (biology) , judicial review , enforcement , balance (ability) , power (physics) , business , administrative law , function (biology) , administration (probate law) , process (computing) , law , political science , law and economics , economics , medicine , computer science , philosophy , physics , epistemology , quantum mechanics , evolutionary biology , physical medicine and rehabilitation , biology , operating system
In recent years, emergencies have appeared a high frequency of occurrence. And administrative emergency power has performed its powerful functions in minimizing personal injury or death or property losses caused by emergencies. However, the rapid expansion of administrative emergency power has also resulted in many improper or illegal problems during the enforcement process. Therefore, as an interest balance mechanism, when judicial power intervenes in emergency actions, special arrangements should be made on its specific rules to distinguish it from the judicial review of normal administrative acts, and the principle of balance and limit should run through the system construction to innovate and reconstruct the judicial emergency review mechanism, so as to give an effective play to the main function of judicial review mechanism in protecting human rights, supervising administration and coordinating public and private interests.