关键词: 行政立法; 危机应对; 功能结构; 权力监督

Abstract: Both the typical application of administrative legislation in wars and economic crises in western history and China's handling of two public health emergencies show that administrative legislation is an effective tool for a law-based country to deal with crises. The function of administrative legislation to deal with crises is realized through the structural adjustment of power. It transforms the principle of separation of power between legislation and administration in modern law-based country into the concentration of power， and the fact that “combines norms and decisions” is formed. It is manifested in the suspension of law in form and the breakthrough of the principle of legal reservation in essence. This kind of administrative legislation produced in crises is obviously different in terms of foundation， purpose and consequences from what is based on constitutional norms to overcome the low efficiency of legislation. Therefore， the means of supervision for the two should be different.

Key words: administrative legislation; dealing with crises; functional structure; power supervision