On the Construction of the Benchmark of Administrative Emergency Compulsory Discretion
Emergency coercion,as an important emergency management measure for the administrative sub-ject to eliminate the state of urgency and maintain public order,has the attribute of surpassing the estab-lished law,and its super-legal nature stems from the national right to self-defense of the school of Natu-ral law.The emergency compulsory on-site disposal is strong,and the strong autonomy and closure in-crease the risk of"abuse".Relying on the basis of administrative discretion,the technical specifications for the refinement of the circumstances are urgently mandatory.Through the refinement of the applicable conditions,the applicable subject,and the applicable law,the non-essential discretion is eliminated,and the necessary discretion is regulated.Balancing the"breaking"of the state of emergency and the"compliance"of the administration in accordance with the law is a new attempt at diversified administrative emergency management.
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