On The Construction Of The Legal System Of Crisis Management In China

The legal system of crisis management is a unified whole which is made up of all the current laws and regulations classified according to different legal divisions in one country. That a mature legal system of crisis management is established or not usually affects the ability of a country's crisis management and reflects the level of the rule of law in one country. Many western developed countries have already had perfect legislation and mature legal systems on crisis management. Though numbers of laws on nature disasters and accidents have been made in China, they are mainly about prevention and control. Up to now there's no special legislation on emergency measures and state of emergency. So there's still a long way to go to establish our legal system of crisis management.The aim of the research is to find out the weak points in the current laws about crisis management so as to offer some reference for legislation programming and the establishment of the legal system of crisis management. The thesis is divided into four sections.The first section is an introduction of basic concepts and theories. Firstly, the concept of crisis is introduced and the scope of the research is restricted to government's public crisis management. Secondly, the theory of crisis management— —Crisis Circle Theory (the Fink Model) is illustrated. At last, the concept of state of emergency is defined and the emphasis is laid on explaining the similarities and differences between state of emergency and crisis management, which provides the theoretical foundation to the construction of legal system of crisis management.The second section is an analysis of the current legislation mode of crisis management in China. By studying theoretically the legislation mode of crisis management, the advantages and disadvantages of each legislation mode are analyzed. According to the analysis of the status of current crisis management legislation in China, the current legislation mode of crisis management and its disadvantages are pointed out.In the third section, some legal systems of other countries are discussed and the implication of these systems to our country is pointed out. Several crisis management legal systems of some countries which have good experience in crisis management are introduced. The features of these systems are summarized, which might provide some hints to the legislation in China.