Research On My Country's Emergency Requisition Syste

On 2 February 2020,the Yunnan Dali Health and Wellness Bureau illegally requisitioned nine pieces of masks sent to the Epidemic Prevention and Control Command Centre in Chongqing due to a shortage of epidemic prevention and control materials.The incident reflects the problems of China’s emergency requisition system:the lack of uniformity in the subject of requisition,the lack of clarity in the scope of requisition,and the imperfection of the requisitioning procedures and the requisitioning compensation system.The article takes the incident as an entry point to analyse the emergency expropriation system in China and proposes some suggestions for further improvement of the emergency expropriation system in China in the light of relevant foreign laws.The article mainly covers four aspects: regulating the types of emergency expropriation subjects,clarifying the scope of emergency expropriation objects,designing emergency expropriation procedures and refining emergency expropriation compensation,in order to have a positive impact on the theoretical research and judicial practice of the emergency expropriation system in China.The main contents of the thesis include the following four chapters.Chapter 1: The Dali Muzzle Expropriation Incident.A brief account of the incident,its outcome,and reflections are used as an entry point to introduce the issues to be studied in this paper.Chapter 2: The basic theory of emergency expropriation.The concept of emergency requisition is defined and distinguished from similar concepts to further illustrate the need for research and to elaborate on the principles that should be followed in emergency requisition.This sets the scene for the analysis of emergency expropriation systems that follows.Chapter 3: Shortcomings of the emergency expropriation system in China: 1.confusion in the regulations of the subject of emergency expropriation;2.incomplete scope of the object of emergency expropriation,mainly in the lack of distinction between non-state property and state property and the unclear distinction between labour and expendable goods;3.lack of procedures related to emergency expropriation,not only in the expropriation procedures but also in the compensation procedures;4.defects in the emergency compensation.The principles and standards of compensation are vague and the compensation methods are not perfect,making it difficult to apply for compensation afterwards.Chapter 4: Suggestions for further optimising the emergency expropriation system.The above-mentioned issues are analysed and targeted recommendations are made.The focus is on improving the legislation on emergency expropriation,clarifying the subject of emergency expropriation and accurately defining the object of emergency expropriation.Design and improve the procedures for emergency expropriation.In terms of compensation for emergency expropriation,the principle of "the one who expropriates is the one who compensates" should be clarified,the direct losses of the counterpart should be compensated,and the procedures for compensation for emergency expropriation should be refined.Finally,the administrative supervision of emergency expropriation should be carried out.