Study On Emergency Requisition

By the end of 2019,there were many suspected cases of SARS pneumonia in Wuhan,Hubei.At the beginning of the outbreak of COVID-19,whether Wuhan,Hubei or all parts of the country carried out epidemic response and prevention and control with the "wartime" state,central and local governments had adopted a series of urgent requisition measures for personnel and materials,such as the relevant schools,hotels,sports venues,social medical institutions and other units.The requisition for emergency treatment of venues,venues and epidemic prevention materials(hereinafter referred to as "emergency requisition")provides a strong guarantee for COVID-19’s prevention and control.However,many legal problems have been exposed in this process,which is far from the legal requirements of prevention and control according to law.We need to reflect and review under the theme of legal construction of epidemic prevention and emergency management,and conduct in-depth research and Analysis on the legal issues involved.This paper attempts to discuss the legal regulation of emergency Expropriation from the perspective of the specific situation of emergency expropriation and the report of expropriation events.Based on the investigation of relevant units and individuals and the combing of relevant legal provisions,this paper puts forward some countermeasures and suggestions to improve the legal regulation of emergency expropriation.The paper is divided into five chapters:The first chapter is the introduction.This chapter mainly describes the research background and significance,research status at home and abroad,domestic literature review,research content and the key problems to be solved.The second chapter introduces the basic theory of emergency use: firstly,it expounds the concept and attributes of emergency use.Secondly,different concepts are compared;finally,the general principles and specific principles of emergency requisition should be followed.The third chapter discusses the current situation of emergency expropriation during the period of COVID-19 in China: first,the analysis of various emergency expropriation implemented in the epidemic response and prevention and control;secondly,the positive practice and significance of emergency expropriation;and finally,the analysis of the problems in China’s emergency expropriation during COVID-19.The fourth chapter analyzes the problems of China’s emergency expropriation system during the period of COVID-19: First,the legal norm system is imperfect.Second,the subject of emergency requisition is not clear.Third,the emergency requisition procedure is not perfect.Fourth,the absence of supervision and legal accountability system.Fifthly,the compensation standard and method of emergency requisition are not perfect.Sixth,the legal relief measures are not perfect.The fifth chapter puts forward some suggestions on the improvement of emergency requisition in China.First,improve the legal system.Second,improve the subject of emergency requisition.Third,the improvement of emergency requisition procedure.Fourth,establish and improve the administrative information disclosure mechanism.Fifth,strengthen supervision and legal responsibility.Sixth,the improvement of compensation standards and compensation methods for emergency requisition.Seventh,the relief measures are discussed.