Research On Legal Aspects Of Emergency Requisition In Emergencies

As one of the measures for emergency response in public emergencies,emergency expropriation has an important role.At present,the legislation and regulations of emergency requisition system in China are still not perfect,which leads to more problems in practice.Using the research method of this thesis,this thesis examines provisions of China’s laws and regulations that stipulate that the government can use social resources for emergency needs.We analyze the provisions that stipulate that the government can use social resources for emergency purposes and determine whether they are provisions of the emergency expropriation system.Then,the legal interpretation of the provisions on emergency expropriation will be made to clarify the current situation of the legal system of emergency expropriation in China under the current law.To analyze whether there are risks in the application of the law and whether there are deficiencies in the provisions of the law itself,the case study method is applied to analyze the real problems arising from emergency expropriation in emergency response practice.It is found that the following problems exist in China’s emergency expropriation: unclear specification of the subject of emergency expropriation,which is mainly manifested in the conflict of laws on whether government departments have the power of expropriation and the absence of the power of expropriation of the emergency command;unclear scope of the object of emergency expropriation,which is mainly manifested in the lack of clear regulations on whether expropriation of consumables,production capacity and labor services is possible;lack of expropriation procedures,which is mainly manifested in the fact that the law does not The lack of expropriation procedures is mainly manifested in the fact that the law does not set specific procedures for expropriation and there are flaws in the procedural provisions in local legislation;and the compensation standards and compensation methods are not perfect.By drawing on the useful experiences of the United States and Japan in solving the relevant problems,and taking into account the actual situation in China,this thesis proposes to grant the emergency command authority and clarify the responsibility,clarify the non-expropriable acquisition of consumables,use a combination of positive and negative enumeration to delineate the scope of expropriation,introduce an expropriation plan system,distinguish the necessary and non-necessary procedures for expropriation,increase the emergency expropriation to increase the filing of memorialization and defect remedy.The proposed mechanisms include compensation for actual loss and conditional compensation for future loss of interest,clarification of compensation standards,and diversification of compensation methods,with a view to improving the emergency expropriation system in China.