Research On Legal Issues Of Emergency Requisition For Unconventional Emergencies

Emergency requisition is an important measure to ensure the supply of emergency materials and meet the needs of emergency sites,and has extremely important practical role and practical value in the response to unconventional emergencies.When unconventional emergencies occur,in order to effectively control and respond to emergencies,the government restores normal social order as soon as possible and protects the safety of people’s lives and property.Under certain circumstances,emergency requisition measures that damage private interests need to be taken.Although such rights are authorized by the Constitution and laws,any power has the potential to be abused.Therefore,it is extremely necessary to promote the legalization of emergency requisition and set boundaries for requisition power.Although China’s current emergency legal system has basically been formed,the relevant system is not perfect.After the occurrence of unconventional emergencies,the amount of materials required by the government for emergency response and rescue is often huge,and the time is extremely urgent.Therefore,the use of expropriation measures has become an inevitable choice in some cases to deal with unconventional emergencies.The chaos of emergency requisition during the emergence of the new coronavirus pneumonia has exposed the current system of deficiencies in emergency requisition and needs to be further improved.Therefore,the author analyzed the relevant laws,regulations and practices of current emergency requisition.It is found that the current emergency requisition system has problems and deficiencies in requisition and requisition compensation.For the emergency requisition,the current legal system for emergency requisition is not uniform and clear for the subject of emergency requisition,the procedures for requisition are not perfect,and the regulations for the object of requisition are too narrow,so that there is no clear legal basis for requisitioning production capacity in practice.And the lack of supervision of emergency requisition in practice;for the current requisition compensation,there are shortcomings such as inconsistency in emergency requisition compensation standards,unclear compensation scopes,and poor operability of compensation procedures.To improve and standardize the emergency requisition system for unconventional emergencies,there is an urgent need to solve the above problems.To this end,the author proposes corresponding improvement measures for the requisition and compensation of unconventional emergencies.And discussed the construction of relief system for the requisition and compensation of unconventional emergencies.By perfecting the relevant legal system for emergency requisition,strengthening the supervision of the requisition behavior,and improving the current deficiencies in the requisition compensation mechanism,it has certain practical significance for improving China’s unconventional emergency requisition system and improving the ability to respond to unconventional emergencies.