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The Research On Administrative Supply Of Emergency In The Natural Disaster

Posted on:2010-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:S L LiuFull Text:PDF
GTID:2166360275482371Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative supply of emergency in the natural disaster is administrative activities which the administrative subjects provide material interests, safety, livable environment and psychological aid for individuals according to Laws and Regulations in the natural disasters. Perfecting the system of disaster supply, the right to exist and development can be protected by law ,and the administrative act of administrative supply can be regulated further protecting the rights of citizens to prevent the abuse of power in natural disasters. However, the system of disaster supply has many defects: on legislation, rules of law are scattered in different laws and regulations, of which the majority are department regulations and regulatory documents; on law enforcement, the procedure of disaster supply is in disorder, the enforcement of it is not normalized, disaster supply lacks valid supervision, It is bad for the interests of victim, and it is difficult to ensure the country's emergency stockpile to exert effectively; on judicature, since the case of disaster supply isn't the scope of the administrative review and the proceedings, the judicial remedy of disaster supply is not strong. It has many reasons: Disaster supply is regarded as'grace of government'with the effect of the regulation administration; the theory of Administrative supply is not enough; the financial resource is not strong. We should improve our system of disaster supply: on legislation, we should build up the concept of Administration Services, and improve the laws and regulations of disaster supply, ascertaining the organ, object and standard of disaster supply; on law enforcement, we should improve the supervisory system for disaster supply, so that the powers of the administration can be supervised; the procurement, allocation and use of contingency reserve can be carried out in accordance with the law; on judicature we should set up a remedy system for disaster victims. It is possible to defend the rights for victims through the judicial process in case of refusal to supply, delay to supply and lack of supply.
Keywords/Search Tags:right of exist, emergency of natural disaster, Administrative supply
PDF Full Text Request
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