The Procedural Value Of Emergency Requisition And The Protection Of Relative Person’s Rights

Emergency requisition refers to the behavior that the administrative subject temporarily uses non-state-owned property to deal with emergencies and give compensation.The right of emergency expropriation is the manifestation of the right of internal domination in administrative emergency and state sovereignty,and it is the necessary means for the state to safeguard public interests under the state of emergency,so it has the legitimate basis for temporarily reducing the basic rights of citizens.However,this also constitutes the restriction of the emergency right of eminent domain,that is,the exercise of the power must be out of the statutory public interest,the loss of the rights of the expropriated must be less than the realized public benefit,and the expropriated should be compensated after the event,these restrictions need to be realized by due process;Because the procedure of emergency requisition has the value of protecting the relative rights and preventing the abuse of power,especially in the protection of rights,the procedure of emergency requisition can minimize the uncertainty brought by the emergency state to the basic rights of citizens.However,due to the requirement of high efficiency,the procedure of emergency requisition has certain particularity,which inevitably leads to less participation of counterpart,specific subject and compensation after the event.Under such circumstances,it is very difficult to construct the emergency requisition procedure.It is necessary not only to prevent by procedural advance and prepare alternative means,but also to enhance flexibility by simple but reliable procedures.The most important thing is to guarantee the basic rights of the counterpart while ensuring efficiency.However,the procedures of emergency requisition in France,Germany,Japan and the United States show that a complete emergency requisition procedure is necessary and feasible.From the Angle of emergency requisition of emergency state,this state of the citizen’s basic rights are limited and of the citizen’s personal rights and property rights are a degree of g,emergency expropriation is the main aspects of citizens’ property rights,reductions in the development of the practice,now emergency requisition to include property ownership,labor power reductions,liberty,and the fair competition right business.In order to prevent the inevitable violations more than just limit,power reductions must abide by certain principles,and the rule of law principle and proportion principle,cannot leave the law is fair and clear rule of due process principle,this article combines the normal state of due process elements and very state program,It is concluded that the procedure of emergency requisition should follow the basic elements such as notice,notification of requisition period,reasonable compensation and hearing after requisition.Taking this as the standard,the article sorts out the current regulations on emergency requisition,and finds that the procedures of emergency requisition lack of unified legislation,and the regulations vary from place to place.In terms of content,there are some problems,such as the subject of the emergency requisition procedure is unknown,the compensation procedure lacks investigation and time limit,and the procedure of protecting the relative party’s right to participate;The paper also summarizes the problems of expropriation of capacity and site in practice through case analysis.These problems easily lead to the abuse of the right of emergency expropriation,which infringes on the basic rights of the counterpart and makes the property rights of citizens in an uncertain state,resulting in the difficulty and long cycle of compensation for the counterpart.In view of this,the article proposes the act of administrative expropriation,establish emergency requisition discussed with regulation,set up to prepare the requisition for production requisition directory system,according to the requisition of the object different set of emergency requisition of the subject,to perfect the content of emergency requisition need to appear in the notice,and introduce later hearing system to ensure the other party program participation,in terms of compensation,Set certain time limit to urge the compensatory organ to fulfill the compensatory obligation as soon as possible.These suggestions contribute to the construction of procedures to fully protect the procedural and substantive rights of the counterpart,and have practical significance for administrative organs to use emergency requisition more appropriately and modify relevant regulations.