Legal System For Disaster Prevention Research

Along with the industrialization degree and the ability of transformation of nature unceasing enhancement, in the last a few years, our country occurs unceasingly many significant outburst environmental events of disaster. The people's life, the health and the property have been created the serious harm. The development of society and economy has been restricted. The various countries take to carry out many measures generally to relieve the disasters, moreover the legal system is the most important, namely, through the construction of the law of institutional framework to relieve the disasters, and the behavior under the government leadership has been carried out. Although our country government has made the great effort on the measures against natural disasters, the reduction of disaster, the forewarns of disaster, the reconstruction and the disaster victims lives aspect and so on, in the certain degree reducing the disaster loss, our country's disaster relief depends upon mainly the policy coordination, the administrative order as well as the leader's intelligence and ability. Compared with the overseas construction of the legal system for the disaster relief, our country's legal framework of the disaster relief isn't to be perfect and the legal system is imperfect. It is necessary to study the emergency legislation for the disaster relief comprehensively and thoroughly and to discuss the corresponding legislation countermeasure against our country' s condition. Below the main body of this article has been divided into three major parts:The first part: The outline of the disaster relief and the legal system of the disaster relief. This part introduces the basic concept of the disaster and the disaster relief at first. By analyzing the relations of historical development between the human and the nature, the basic guiding ideology of the social disaster relief has been pointed out. They are the theory of the ecology and morality that the human and the nature is harmoniously together, the administration safeguarding the rights of citizens as well as the disaster relief having the economic efficiency and so on. Finally it has drawn out the question of the localization of the act of disaster relief, namely the act of the disaster reliefshould be brought into the legal science of the environment resources. But it must be entrusted with the new content. Furthermore, it introduces summarily the five basic principles of the act of the disaster relief, namely, the principle of the state intervention and the public participation, the principle of the comprehensive programs under the public order, the principle of legal administration, the proportion principle as well as the efficiency principle and so on.The second part: The comparison of the legal system of the disaster relief between the different countries and districts. At first, it introduces the legal system of the disaster relief of American, Japanese and our country Taiwan area. Next, it elaborated the achievement of the construction of our country legal system of the disaster relief. At the same time, it analyzes the insufficiency of the legal system construction for the disaster relief at our country present stage, in particular the malpractice of the management system, including the disaster to disperse, the departments shifting responsibility onto others mutually, the bad efficiency as well as the serious waste of the management funds for the disaster relief and so on.The third part: The basic conception of consummating our country legal institutional framework of the disaster relief. At first, it introduces the legal institutional framework of consummating our country disaster relief, including bringing the legal article into the constitution, creating the fundamental law of the disaster relief, consummating the special act of the disaster relief as well as creating the formulation correlation necessary administrative rules and regulations and so on. Next, it proposes the ten establishment improving concrete legal systems. They are the emergency organization system, the emergency predetermined plan system, the emergency early warning system and the emergency announcing system, the information communication and the public system, the public reported with reports to the authorities system, the urgent consultation with the precautionary measure system, the price being held down system, the aid, the assistance, treats and cures after the rescuing system, the reconstructs after the disaster system as well as the legal consequence system and so on, but it introduces emphatically the emergency organization system, because it is aiming at the malpractice of our country present disaster emergencymanagement system.