我国政府应急征用制度分析-analysis of chinas government emergency requisition system.docxVIP

AbstractIn recent years, all types of emergencies occurred frequently in our country, such as the “southern snow disaster” in 2008, the “Wenchuan earthquake” in 2008, the “Wenzhou Bullet trains rear-end accident” in 2009, the “Lushan earthquake” in 2013. These emergencies often have suddenness, development of uncertainty, and seriousness of the harm. In order to deal with various types of public emergencies promptly and effectively, the government will inevitably take necessary administrative emergency measures, and emergency requisition is one of them.As an important administrative measure for the government to deal with emergencies, emergency requisition has an extremely important practical value. Because when in an emergency situation, in order to control and deal with emergencies promptly and effectively , to avoid greater losses and to restore normal social order as soon as possible, the government often have to sacrifice private interest for national and public interest. But any power is at the risk of being abused. When taking the emergency requisition measures, the government is likely to damage and violate private rights. Therefore, the regulation of law is essential.In legislation, China has formulated the “Emergency Response Law”, and many regions have developed emergency Ordinance or emergency regulations. The introduction of these laws provides the legal basis for government to take urgent administrative measures by using the emergency administrative power, and also plays a role in restricting emergency administrative power.But in Chinas current legislation, there are only some guiding provisions on emergency requisition system. Its content is simple, general and hard to execute, which cause great difficulties in practice. Its simplicity and ambiguity also contribute to a series of problems in executing Chinese government emergency requisition: the rights and obligations of administrative body administrative and counterpart are not clarified; The condit