Research On Administrative Emergency Requisition System In China

Novel coronavirus ravages the world in 2020,which is an extremely difficult year for both China and the world.In recent years,SARS in 2003,Wenchuan earthquake in 2008,Yushu earthquake in 2010,Lushan earthquake in 2013 and so on have had a huge impact.The reason why emergencies are widely concerned lies in their suddenness and unpredictability.Emergencies are often accompanied by uncertainty and serious harm.The ability to effectively respond to emergencies is an important consideration to measure a country’s administrative capacity,and also a practical test of a country’s administrative emergency management system.As an important means of administrative emergency management,administrative emergency requisition often involves the tension between public interest and private interest.On the one hand,it can actively respond to emergencies to protect the public interest;On the other hand,administrative emergency requisition will inevitably restrict or even damage private interests in the process of implementation.It is very important to regulate administrative emergency requisition and seek the balance between public and private interests.At present,the relevant legislation of administrative emergency requisition has gradually formed a system.The Constitution stipulates in principle the requisition and compensation of private property,and then the Emergency Response Law and other laws have made more specific provisions on the administrative emergency requisition.Administrative regulations,departmental rules and local laws and regulations have also made further refinement of the administrative emergency requisition law,and various emergency plans have also provided for this,and the legal system of administrative emergency requisition has been improved day by day.However,the current administrative emergency requisition system also has many problems,the provisions are mostly expressed in principle,in practice is not strong operability.Specifically,there are many disputes about the subject of administrative emergency requisition and its authority.The scope of the object does not meet the immediate emergency requisition needs;Lack of administrative emergency requisition and compensation of the procedural provisions;The way of compensation is different from that of standard regions.Effectively solving the above problems can not only improve the efficiency of administrative emergency requisition,but also protect the public interest and the legal rights and interests of the administrative counterpart.This paper aims to analyze the problems existing in China’s administrative emergency requisition system by sorting out the existing relevant laws and regulations and other normative documents,starting from the needs of emergency treatment and rights protection,and put forward some suggestions to optimize the administrative emergency requisition system,such as improving the provisions on the subject of administrative emergency requisition;Make clear the object of administrative emergency requisition;Set up the legal procedure of administrative emergency requisition and perfect the relevant provisions of compensation for emergency requisition so as to ensure the implementation of administrative emergency requisition more effectively.