Study On Legal Nature About Contingency Plan Of Natural Disasters

"Preparedness ensures success and unpreparedness spells failure".Making Contingency plan is an important way to reduce the risk and loss in this high-risk society.In order to deal with these emergencies,our government made plenty of contingency plans to control the risk and maintain public order.On account of various reasons,different kinds of contingency plans have become the main basis to handle these emergencies.According to the Emergency Response Law of the People's Republic of China,natural disasters is a kind of emergency.China is a nation with high-frequency of natural disasters,so contingency plans of natural disasters has been widely used,but it still has some disputes about nature of the contingency plan.There is a point advocates that contingency plan should be seen as a kind of administraion rules,which should clarify governments' specifically aid measures and means of support.So,as internal normative documents,contingency plan has no legal effect.But in other side,a view point out that natural disaster contingency plan not only regulate government behaviour,but also has legal effect to administrative counterpart.So these contingency plans should have legal effect as other legal documents.Considering the legal nature about contigency plan,there is no significant regulation about it,which is no good to governments performing duties and no help to guarantee legal right of administrative counterpart.For discussing natrue of the natural disaster contigency plan in legal theory,this essay mainly focuses on the definition,characteristic,formal legality,substantial legality and other foundation of legality.As a result,this essay views that though contingency plan of natural disasters has legal effect actually,it lacks of requisites of legal documents,so it should be seen as normalinternal normative documents.This essay proposes that we should rise some specific contingency plan as normalized law to order legitimacy,while others should be enhanced their coordination with laws.Besides,we should improve the creation procedure,and reinforce recording review and judical review to guarantee their overall legality.