Research On Emergency Requisition System In Epidemic Prevention And Control

Emergency requisition is an emergency response measure taken by the administrative subject in order to respond to various emergencies and protect public interests.Its main function is to quickly collect various materials to meet the rapidly growing demand for emergency materials.Emergency requisition is an administrative requisition under special circumstances,and the urgency of emergencies will simplify the corresponding legal procedures in the exercise process in order to pursue higher requisition efficiency.Like administrative requisition,emergency requisition will damage the property use right of the requisitioned party.Therefore,fair and reasonable compensation must be provided to balance the damage suffered by the requisitioned party.It cannot be reduced or even not compensated due to special circumstances.Therefore,the emergency requisition system includes two sub-systems,emergency requisition execution and emergency requisition compensation,both of which are equally important.In this new crown epidemic prevention and control activities,the emergency requisition system has been widely used,such as the requisition of isolation places,medical equipment,anti-epidemic materials,manpower and enterprise capacity,etc.,which has laid an important foundation for the government to concentrate its efforts to fight the epidemic.But at the same time,it has also revealed that there are problems in the practice of emergency requisition,such as disputes over the authority of government departments to requisition,disputes over the scope of the requisition of special materials,and emphasis on requisitions over compensation in the implementation process.The reasons for these problems are mainly related to the value orientation and legal provisions of emergency requisition.The theory of national emergency power and the theory of derogation of rights behind emergency requisition tend to favor the supremacy of public power.The central legislation on emergency requisition is too principled to guide practice,and 81 local legislation has low levels of effectiveness,different regulations,and content infringes private rights.Which together lead to the incompleteness of the emergency requisition system and the inappropriate practice.In order to maximize the protection of private rights on the basis of prioritizing the maintenance of public interests and efficient epidemic prevention and control,it is necessary to further improve the emergency requisition system in epidemic prevention and control.At the value-oriented level,it is necessary to clarify the application of the principles of due process and proportionality,such as placing emergency requisition after other methods of material collection,not requisitioning anti-epidemic materials,prudent management,etc.At the same time,it is necessary to enhance the status of the emergency requisition compensation system.At the level of legal regulations,on the one hand,there must be a correct direction for improvement.According to the national reform plan and actual needs,the "Emergency Material Guarantee Law" can be formulated to provide detailed provisions for the emergency requisition system,and on this basis,the emergency requisition legal system in epidemic prevention and control can be constructed.system.On the other hand,there must be scientific and perfect content.Based on the execution system and focusing on the compensation system,discuss the content that the emergency requisition system should have in epidemic prevention and control,and use this as a standard to improve the existing system.