紧急状态行政法治刍议

制定紧急状态法应当是我国社会主义法律体系的必然要求。在紧急状态法律制度中，应当以紧急状态法为基本法，包括戒严法、传染病防治法、防洪法、防震减灾法等构成一套完整的法律制度。有能力的依法行政的法治政府不仅能制定紧急状态法律制度，还能够运用行政法律制度处理好正常社会状态下的秩序和有效地保障公民权利，而且能有效地依法处理非常状态下的社会秩序和保障公民权利。政府能否在非常状态下做到依法办事，有效地处理应急情况，不滥用权力，不破坏法治和保护大多数人的基本权利，这是对一个政府的统治能力和法治水平的考验。

The Legal System of Administration in an Emergency

Inside the state of emergency, the law system should be based on the martial law, the method of infectious disease prevention and cure, flood control method and quakeproof to reduce the disaster method. All of these laws can contitute a complete law system. The capable government,which can do things according to the legalsystem of administration, must make good use of adminitration law to handle the very normal social appearance underthe normal state and guarantee the right of citizen. The government also must attain the administrution according to the law in an emergency, and validly handle the urgent circumstance, neither by a stretch of authority nor by breaking the rule of law, to protect the most people's basic rights. At the same time the government must calmly reply the press of the complicated situation, which is in an emergency after the administration according to the law, insure that they don't break the rule of the law and protect the most people's basic rights, and insure that the economic developments and the work in an emergency don't affect each other. This makes the governance ability of the government and the level of the administration accoding to the law to the highter request.