关键词: 《突发事件应对法》, 应急行政行为, 行政应急权, 司法审查, 紧急状态

Abstract: Judgment documents are a unique perspective to observe the implementation of emergency laws and regulations. From the judicial dimension, this paper analyzes the 684 judgment documents citing The Emergency Handling Law. The findings show that this basic law for emergency field has obvious scene deviations in the law enforcement and judicial application, which urgently needs to be corrected in terms of law amendment and law application. The study also reveals that, around specific issues such as the justiciability of emergency administrative actions and the identification of emergencies, there maintains a tacit and divergent tension between the administration and the judiciary. In this regard, the “cooperative degree” analytical framework based on the theory of “functional decentralization” can help to reshape the relationship between the two parties. On this basis, the court should explore and construct a set of judicial review models suitable for emergency situations in accordance with the characteristics of emergency administrative actions.

Key words: The Emergency Handling Law, emergency administrative actions, administrative emergency power, judicial review, state of emergency