Natural Disasters, Government Bailout Legal Research

Turning to natural disasters government assistance, the first problem to be solved for natural disaster relief is the government's legitimacy. Government's legitimacy of the natural disaster relief can be drawn from the following two aspects. On one hand, as a basic human right to life increasingly important in modern society, the government has inescapable responsibility to protect the right to life; the other hand, the legitimacy of modern government depends on its continuing access to a series of basic functions to perform. Specifically, the Government's duty is to:(1) protection of property rights, namely to protect the legitimate interests of people of all vested; (2) maintain macroeconomic stability; (3) construction of infrastructure, such as public transport facilities and water supply facilities. (4) provision of public services, such as environmental protection, city planning, fire rescue, public health and so on. On the basis of solving the former questions, the other problem to be settled is that the power Government always used in natural disaster relief is easily beyond its normal range, government aid must therefore be limited. Because most of the time of natural disasters, government assistance and executive emergency powers are linked, so this chapter discusses natural disasters government assistance in the context of executive emergency powers. Government's power in natural disaster assistance should be limited by two methods, power restriction and right protection. After these two basic questions are done, there are two more important questions when the assistance is carrying out should be discussed, the responsibilities of government assistance to natural disasters and financial management issues. Turning to the government's duties, the first problem is that the duties, functions and responsibilities of the executive authorities at all levels are unreasonable, and lack of strong special government aid agencies; followed by the performance of duties for the state government is not effective Monitoring mechanism. Funds, the first is the way of capital investment is unreasonable; followed by the use of funds audit and supervision mechanisms are inadequate conditions, and did not play the desired effect. For these problems, the issue of duties, the author proposed the establishment of special government aid agencies, strengthen the supervision of such recommendations; for the financial aspect, the author proposes a sound investment management system, improved auditing and so on.