State's emergency power is a responding system adopted by a democratic constitutional state in emergency to consolidate sovereignty and guarantee civil rights. Thus, to a country ruled by laws, the power can only be exercised in emergency. Once the crisis ends, the power is terminated immediately. Taiwan has enforced martial law for a long time. With the process of democratization, Taiwan has transformed from the authoritarian period to democratic constitutionalism. However, the existing laws seem to be unable to receive immediate effect on the occurrence of many natural disasters, counter-terrorism and economic crisis. Therefore, this text clarifies the specification and design that constitutional emergency power should have from the deficiency in the implementation of state's emergency power in previous time, and hope to realize the legalization of emergency power in Taiwan as soon as possible, so that the government can exert maximum efficiency, handle crisis, guarantee the return of democracy and protect human rights.