Study On The Prevention Of Natural Disasters In China's Legal System

China is not only the one of the a few of countries which are suffering most serious disasters in the world,but also the speed in loss of disasters is increased more rapidly along with the increased social economy development and human activity. Only people make more and more aware of the law, the use of the law of the mandatory and normative to do well to reduce the harm to work. Although our country government has made the great effort to the measures against natural disasters , the reduction of disaster , the forewarns of disasters , the reconstruction and the disaster victims lives aspect and so on ,in the certain degree reducing the disaster loss,our country disaster relief depends upon mainly the policy coordination , the administrative order as well as the leader intelligence and ability. Compared with the overseas construction of the legal system for the disaster relief is imperfect and the legal system is imperfect. The disaster prevention and the rule of law by the administrative for safeguarding citizen's rights issues are neglected. It is necessary for a comprehensive and in-depth study in disaster prevention and control of the legal system and combined with the national legislation to the corresponding countermeasures.This article is in a document reference materials, defined the natural disasters on the basis of environmental law and administrative law. From the sense of natural disasters and the law of property, pointed out the deficiencies of our legal system of natural disasters prevention, the law of obligations pointed out that the reduction in the law of obligations of the administrative body. Finally we made some ways to improve the reduction in duty of our administrative law. From the overall structure, this article falls into three parts.The first part, this paper introduced the relative knowledge about the natural disaster theory. Then we compared of the legal system of the disaster relief between the different countries. At first,it introduces the legal system of American ,Japanese and our country. Next, it elaborated the achievements of the constructions of our country legal system of the disaster relief .At the same time,it analyzed the insufficiency of the legal system construction for the disaster relief at our country present stage ,in particular the malpractice of the management system. The second part,the dissertation presented our country's disaster management system,legal system actuality as well as existed problem,and Pointed that our country's single disaster management system is already dissatisfy with the needs of the economic and social development,the disaster legislation is lack of the basic law of the most level national integrated disaster mitigation : the improvement should be made to the legal system, the administrative system design is not enough for there are inadequate in the disaster prevention of the non-governmental organization participation.The third part is to improve the basic concept of our legal system in disaster prevention and control. The first is to improve the legislative framework of our legal system in disaster prevention and control, formulated the law of the disaster prevention and control and the relevant administrative rules and regulations. Second, carry out a comprehensive legal construction of the disaster prevention and control about the main duty ; finally, perfect the supervision rule and the relief mechanism of the natural disaster prevention and control law. Through reorientation of the system, we perfect our natural disaster prevention and control legal system.