Abstract: Since the promulgation of the Emergency Handling Law in 2007, the cases involving the emergency handling occurred during this period have revealed the following problems: the lacking of situational emergency handling Law leading to the magnifying of the power of emergency response plan, the contradiction between the principle of “on-the-site responsibility” of emergency rule of law and the “misplaced field position” of emergency reality, the emergency rule of law culture of the citizens having difficulty in breeding the emergency legal system, and so on. This paper has sorted out the reasons for the frequent occurrence of emergencies with increased emergency plights. From the dimension of legal construction, it puts forward the following proposals: to distinguish the relationship between the emergency plan and the legal construction, to clarify the property rights of public resources, to rebuild the function and power system of the government emergency organizations, to strengthen the prevention function of the system of accountability, to promote the construction of community emergency culture, and so on.

Key words: Emergency Handling Law; emergency response plan; advance accountability; the system of office powers