Emergency Law in China: Its Formation, Present State and Future

摘要

, , , , , ; , , : , , : China’s emergency laws have emerged as a result of dealing with crises. They comprise laws and regulations, emergency plans, and military regulations, and define three exceptional or emergency states: war, emergency and emergency response, with the aim of constructing a comprehensive integrated system based on the specialized division of labor. In practice, however, emergency plans take the place of laws and regulations and provide the fundamental normative basis for tackling emergencies, with government and the military playing the dominant role. Developing out of necessity and possessing temporary applicability, China’s emergency laws are characterized by authorization and prevention. Integrating emergency law with the socialist legal system with Chinese characteristics, formulating basic law for emergency situations and improving the specific mechanisms of emergency law should be regarded as major steps in its future development.View full textDownload full textKeywordsstate of emergency, comprehensive treatment, dominant role of the executor, preventive lawRelated var addthis_config = { ui_cobrand: "Taylor & Francis Online", services_compact: "citeulike,netvibes,twitter,technorati,delicious,linkedin,facebook,stumbleupon,digg,google,more", pubid: "ra-4dff56cd6bb1830b" }; Add to shortlist Link Permalink http://dx.doi.org/10.1080/02529203.2011.598303