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Studies On Legalization Of Chinese Crisis Management

Posted on:2009-07-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:W Q WeiFull Text:PDF
GTID:1116360245973220Subject:Scientific Socialism and the international communist movement
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The 21st century is a crisis management time, many significant historical crisis event has had impact on the world, indicated the crisis management time inevitability; On the other hand the world entered the democratized time, state affairs according to law had become a common consensus of world. Adapting With manages state affairs in conformity with a law, the most scientific feasible means of the crisis management's standardization, normalizing, scientific, is the legalization, the humanity deal with crisis lie in the management legalization .The crisis is a situation that the information not exact and the policy-maker must make a decision in the limited time under a core value idea been threaten seriously. The crisis management is govern the crisis which erupted, going to erupt, possibly to erupt. Crisis management measures including political method, administrative method, legal method, military method, economic method, social education method, moral method and so on. All of these, the legal means are the most essential method, its is not only the prevention, regulative, handling crisis effective weapon, but also passes through in other methods and also standard the other method's utilization.The crisis management legal system is general name of legal system of the national to utilization legal means to prevention, regulative and handling crisis and it is the legal regime which standard the behavior of right and obligation of various Governmental agency and Social organization and social public under the crisis condition. Once the society possibly enters the crisis or the crisis erupt, each kind of social body must defer to the law. The crisis management law is a special Legal department: First, crisis management law has a comprehensive and marginal nature; Next, time and spatial of the crisis management law have discontinuity in fact. Some crisis management law adjustment is society random, only in situation that crisis has risk of erupt and had erupt the law is playing the regulating action in fact. Third, the crisis management law has strong administrative urgent. Fourth, the crisis management law has the strong humanities characteristic, and ought to protect the public benefit as the basic value. Fifth, certain provision of the law has bigger severe.Our country is being in social transition period and the crisis event occur more and more, but the government and citizen's crisis realizes, deal with, education are in the start, the fundamental research are also at the start stage, crisis management legalization research are in initial. The crisis management legal system has a nature of conformity with multi-domain, it is a model of the integrity law in a single law domain. The legal system's establishment will promote our country legal system's construction, will provide the important model for the state with an adequate legal system, will enhance party's ability to deal with the crisis event greatly and the ability for ruling and becomes legal model of country to rule by law and safeguard national security and society's harmonious. Our country although promulgated "Thunderbolt To deal with Law", but our country current crisis management legislation are still dispersive. This kind of dispersion requests to innovation, to fill, to conformity.Our country's crisis management law innovation must adapt the social structure foundation which already changed and the legal intrinsic spirit, principle, basic legal theory, basic crisis management law, and even in the innovation of "crisis management fundamental law" worked out. The crisis management law innovation system should combine idea of the public law, private, the social control law and the principle, structure of the crisis management legal. Establishing one kind of new crisis management legal framework which take it's own rule, and produces by essential factor of the civil law and administrative law. This article's most characteristics was innovates and Production one of crisis law's structure by assimilate the partial essential factors and adjustment method of the civil law, the control law and the administrative law reasonably. Our country is the written law country, receives the explanation tradition of the mainland legal system, but innovative typical crisis management legal precedent interpretive method: the crisis management innovation of legislative writing technically must link to China's judicial reality, the union nationwide typical legal precedents, as "the usual understanding which to cause some absurd result inevitably, or counteracts the legislative intention obviously to right the writing does" , could makes the expansion or the supplement or the restrictive understanding and maintains the judicial unification.The innovation is not simply confirm the present procedure of the crisis management law, but focuses on the whole emergency frame and the basic principle of crisis management legality and establishes one completely, system's legal framework, adapts with the management entire process. The current emergency laws and regulations focus on "the crisis handle", but innovating law should extends to the both sides, front take "the monitor" as the key point, standard judgment the situation which enters the management stage, guaranteed the information fluent and judgment accurate; Rear extends to "reconstruction", realized "the whole prevention from started to reconstruction". At present our country crisis legal system's movement pattern is mainly the traditional pattern, must design one kind of the crisis law be understand good from the beginning to the end and more scientific, realizes the legal system's scientific and benign movement.Our country crisis management realize the legalization management and administration supplementary interactive, needs to make a part of new crisis management legal norm; establish the discipline and system of crisis law; study and found the crisis management fundamental law, provides the thought and principle for the crisis management legal system, provide the clue and method for crisis management coordinated; study and makes up the natural disaster, public health, accident, security in social's crisis management laws and regulations which now not standard arrive, accomplishes a complete crisis management legal system; study and making the crisis management law of the responsibility which the legal to interpret, enforcement, obey in detail. Through from the energetic principle to the rule's innovation and fill, the crisis management law principle, spiritual, idea, explanation, understanding's innovation, raising our country's crisis legalization level comprehensively.
Keywords/Search Tags:The crisis management legal system, innovation, establish
PDF Full Text Request
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