Review And Improvement Of Emergency Administrative Expropriation System

Emergency administrative requisition is the most common resource allocation measure in emergency response,which promotes the maximum effect of resources and contributes to efficient emergency response.The emergency administrative expropriation system is a system that includes elements such as expropriation subject,object,procedure,and compensation.Unlike general administrative expropriation,it is more urgent and pursues efficiency.Therefore,it should be noted that the application of the emergency administrative expropriation system is directly related to the protection of the rights and interests of the expropriation party and the shaping of government credibility,and will have an impact on the efficient implementation of emergency response work.Therefore,in order to promote the effective implementation of emergency administrative expropriation,it is necessary to examine and improve the emergency administrative expropriation system.By analyzing both current legislation and implementation,Our country has already established a legal system of emergency administrative requisition,but if we discard the form and look only at the content,most of the current national legislation level is principled norms,and local legislation or simply copy the superior law,or draw on other areas of legal norms for detailed provisions.Correspondingly,the emergency administrative expropriation system in China has problems such as non-standard application conditions,chaotic subjects,arbitrary expropriation objects,and lack of procedures.On the whole,the legal provisions on emergency administrative requisition are scattered and rough,and there are still some deficiencies such as conflicts of legal norms,low level of legislation,lack of system content,etc..This paper takes the improvement of the emergency administrative requisition system as the research object,and combs the current legal system on the basis of the practical investigation of the emergency administrative requisition system in the prevention and control of Covid-19,this paper examines the present situation and predicament of the application of the system of emergency administrative requisition,and probes into some controversial issues in the academic circle,such as whether government departments belong to the subject of requisition,whether state-owned property can be requisitioned,etc.,it also tries to put forward some effective suggestions on improving the system of emergency administrative requisition from the two dimensions of content and path,including the adoption of a unified law of emergency administrative requisition and the strengthening of high-level legislation,three paths,including empowering and perfecting emergency legislation,focus on standardizing applicable conditions,unifying requisitioning subjects,defining requisitioning objects,and clarifying requisitioning procedures,in this way,the system of emergency administrative requisition will move forward to a more benign and mature track.