Research On The Compensation System Of Government Emergency Requisition In Emergencies

The compensation mechanism for emergency expropriation is one of the important measures taken by the government to alleviate the shortage of resources to deal with emergencies.The system of compensation for emergency requisition includes requisition and compensation.It is different from the general administrative expropriation,and it has the characteristics of urgency and high efficiency in dealing with emergencies.In the process of emergency requisition,the legitimate rights and interests of the requisitioned subject are often restricted or damaged.Therefore,in the compensation stage afterwards,we should pay more attention to the damage recovery of the expropriated subject and give fair compensation to the expropriated subject according to law,so as to realize the balance between public interest and private interest protection.Through the analysis of legislation and practice,it is found that although the construction of government’s emergency requisition compensation system in China has achieved fruitful results,and the institutional framework in all aspects has been basically established,there are still many problems.First of all,the national level is characterized by the lack of special legislation for emergency expropriation compensation,and most of the relevant provisions are scattered in many legal documents in the form of principled provisions,and there are even conflicts between individual provisions of different legal norms.Due to the fuzziness of the superior law,local legislation has its own way in regulating the government’s emergency requisition compensation,and there are some problems such as ambiguity and omission in stipulating the subject,scope,standard,procedure and relief of emergency requisition compensation.Secondly,in practice,due to the lack of legislation,some local governments are slow to fulfill their compensation responsibilities,government departments have ultra-vires expropriation,and the rights relief ability of expropriated subjects is insufficient.Based on the requirements of the modernization of rule of law and improvement of legislation in key areas in China,it is an effective way to solve the above problems to build a systematic and complete government emergency expropriation compensation system.Drawing lessons from foreign legislative experience,combined with China’s needs to deal with emergency,we will explore the construction of special legislation and clarify the principles,subjects,scope,standards and procedures of government emergency compensation.Specifically,the principle of fair compensation should be clearly regarded as the value guide of emergency expropriation compensation.Clarify the main position of the people’s government at or above the county level in the compensation for emergency expropriation;Appropriately expand the scope of compensation and include indirect losses under certain conditions;According to the market value,the compensation standard is determined;Improve the compensation and relief procedures with the protection of the rights and interests of the counterpart as the core.On the practical level,we should also take corresponding measures to strengthen the government’s awareness of compensation responsibility,improve the government’s ability to carry out emergency requisition and compensation work according to law,strengthen the supervision and restriction of third-party subjects such as supervisory organs on the government’s emergency requisition compensation work,and protect the requisitioned subjects’ right to know and participate,so as to fully protect the legitimate rights and interests of the requisitioned subjects.