Emergency Requisition Compensation System

It is a basic right of citizens to obtain compensation after non-public property is requisitioned in the Constitution.The implementation of compensation is not only very important for protecting the legitimate rights and interests of the requisitioned people,but also of great significance for the efficient and smooth development of emergency requisition work.Since the outbreak of COVID-19,emergency requisition has occurred from time to time,but the reality of emergency requisition compensation is not ideal.Therefore,this paper focuses on sorting out the existing legal norms of the emergency requisition compensation system in China,collecting relevant judicial cases and media reported events,analyzing the problems existing in the emergency requisition compensation system through standard analysis and other methods,and puts forward targeted and perfect countermeasures.First of all,this paper studies the concept and theoretical basis of the emergency requisition compensation system,sorts out the current definition of the emergency requisition compensation system by scholars,and combined with the current legal text,makes a preliminary definition of the emergency requisition compensation system,for the scope of the research in this paper.In addition,the theoretical basis of emergency requisition compensation is introduced,including the traditional special sacrifice theory,public burden equality theory,social insurance theory and public finance theory.These theories have demonstrated the legitimacy of the state’s liability for compensation from different angles.The risk society theory pays attention to the uniqueness of emergency requisition compensation compared with the general administrative compensation,and proves that the scope of state compensation should be expanded accordingly under the background of risk.Secondly,the legal normative text of the emergency requisition compensation system is sorted out through the normative analysis method,and the current situation of the judicial practice of the emergency requisition compensation system is sorted out through the case analysis method.First of all,the national level and local level,the effectiveness of specification level system combed the current situation,found that the legal level on emergency compensation system of requisition is very general,lack of guidance to practice,key system such as compensation procedures not reflected in the legal level,has been the content of the provisions between the also exist a contradiction.Administrative regulations and local regulations have not completed the detailed provisions,and basically repeat the provisions of the superior law,leading to the lack of legal and regulatory basis that can be directly invoked in judicial practice.Government rules and administrative normative documents are the most important norms to guide the practice of administrative compensation at present.However,due to the lack of guidance on the upper law,there are quite different practices in different places,and whether they have the permanent authority of the emergency requisition compensation system is also questioned.Secondly,we can see from the retrieved cases that the practice of emergency requisition compensation is not ideal.In practice,there is the phenomenon of not timely compensation,and there are many disputes about the compensation standard and compensation scope,which is not only related to the principle of legal norms,but also related to the administrative organs do not pay attention to compensation.Thirdly,in addition to the problems existing in the emergency requisition compensation system are systematically combed.Because the legal structure of emergency requisition compensation system is unreasonable;the legal standard of emergency requisition compensation system is too principled,lack of guidance for practice and the conflicting content;the standard content of emergency requisition compensation system is not fully implemented.Finally,three coping strategies are proposed to address the problems of emergency requisition compensation.The first is to optimize the form of legislation,formulate a unified Administrative Compensation Law in the future,and set up a special chapter in the Emergency Response Law to stipulate emergency requisition and compensation...