Font Size: a A A

On The Perfection Of Legislation Of Administrative Compensation System In China 's Sudden Incident

Posted on:2015-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y J WangFull Text:PDF
GTID:2176330431469710Subject:Law
Abstract/Summary:PDF Full Text Request
SARS in2003has exposed the lack of legal system in our country. On August30,2007, the twenty-ninth Session of the Standing Committee of the Tenth National People’s Congress passed the "Emergency Response Law of People’s Republic of China." This is the first basic law in China that to deal with all kinds of unexpected incidents of comprehensive. This law condensed years’experience of Chinese people to deal with sudden events such as natural disasters, accidents disasters fighting. According to the law, it’s clearly prescribed that whether the government and its departments have the power to requisition the Units and personal property when the incident occurred. Also, it’s clearly prescribed about how to deal with these property after them be used or the work during the emergency is finished, and what to do if the requisitioned property was damaged or missing. Unfortunately, the law about administrative compensation is very general, it’s only say the government and its departments should compensate the loss when there is the loss. There is nothing about how to compensate, or how much could compensate, or the program to compensation."The constitution of the People’s Republic of China" provides the constitutional basis for the administrative compensation system, these laws like "The emergency response law of the People’s Republic of China" and "The law of the People’s Republic of China property law", enrich the compensation system of legislation, but at present there are many problems about our country’s administrative compensation system. The principle of compensation is not clear, the standard uncertainty, the scope is too narrow, the program does not perfect, in this case, we should clear compensation principle, determine the compensation standards, expanding the scope of the compensation, perfect the compensation program, and build a reasonable and fair as a whole system.
Keywords/Search Tags:Administrative Compensation, The Emergency, Reasonable and Fair
PDF Full Text Request
Related items