Study On Countermeasures To Perfect Emergency Requisition Compensation System

The outbreak of the new crown pneumonia epidemic in 2020 caused serious damage to the normal social order in our country,and plunged society into disorder and crisis.The new crown pneumonia is fierce,rapid and harmful,which not only seriously threatens the life,health and property safety of citizens,but also tests the efficient decision-making ability and implementation and handling ability of administrative organs to respond to public health emergencies.In order to cope with the sudden outbreak of the new crown pneumonia epidemic and ensure the smooth progress of epidemic prevention work,the state has carried out emergency requisition of some units and citizens’ private property,such as materials,places,equipment,etc.It is precisely because of the strong measure of emergency requisition that the epidemic has been effectively prevented from spreading on a large scale in China.In the process of responding to public health emergencies,the exercise of emergency expropriation rights can have an immediate effect,which is of great significance to combat emergencies,ensure people’s safety,and restore social order.However,the exercise of the right of emergency expropriation will inevitably cause damage to the property of the expropriated entity,which is essentially a restriction or even deprivation of the rights of the counterparty,so it is necessary to formulate a clear emergency expropriation compensation system to protect the legitimate rights and interests of the counterparty,and a clear emergency expropriation compensation system is the premise for exercising the right of emergency requisition.At the same time,as a branch of administrative compensation theory,the compensation system for emergency requisition in public health emergencies is of vital significance to improving China’s administrative compensation system and strengthening the construction of the rule of law.However,due to the imperfection of China’s current legal system for emergency requisition compensation for public health emergencies,there are problems in practice,such as inconsistent compensation principles,ambiguous compensation standards,unclear scope of compensation,and lack of compensation procedures and relief channels.Therefore,this paper analyzes the legislative status and problems of the legal system of emergency expropriation compensation from the perspective of public health emergencies,and puts forward targeted suggestions for China’s emergency expropriation compensation system in public health emergencies from the aspects of compensation principle,compensation scope,compensation procedure,compensation standard,compensation relief mechanism,etc.,in order to further improve and develop China’s legal system of emergency expropriation compensation,so as to better respond to public health emergencies.