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The principle of administrative emergency was explicitly advanced by some scholars at the end of the 1980s of the last century; the principle of administrative emergency hasn’t been paied attention to and delved into by educational circles since the middle and late 1990s until the SARS crisis has emerged in 2003. However, there is an academic debate about whether the principle of administrative emergency can be the basic principles of administrative law; some scholars would not aknowledge it for considering the acknowledgement of the principle of administrative emergency give the government the right to be wondered outside the law. This article conducts research about the relevant issues of the principle of administrative emergency and the right of administrative emergency on many aspects, such as theoretical value and practical value, and explores the future development. It also investigates the establishment of which in the administrative law, and the way how the executive authority implements the rational administrative behavior in state of emergency, so that the human rights of the counterpart offeree even the citizen can be protected from being violated.

Abstract: The principle of administrative emergency was explicitly advanced by some scholars at the end of the 1980s of the last century; the principle of administrative emergency hasn’t been paied attention to and delved into by educational circles since the middle and late 1990s until the SARS crisis has emerged in 2003. However, there is an academic debate about whether the principle of administrative emergency can be the basic principles of administrative law; some scholars would not aknowledge it for considering the acknowledgement of the principle of administrative emergency give the government the right to be wondered outside the law. This article conducts research about the relevant issues of the principle of administrative emergency and the right of administrative emergency on many aspects, such as theoretical value and practical value, and explores the future development. It also investigates the establishment of which in the administrative law, and the way how the executive authority implements the rational administrative behavior in state of emergency, so that the human rights of the counterpart offeree even the citizen can be protected from being violated.

Key words: the principle of administrative emergency; the right of administrative emergency; state of emergency; human rights