Legal Countermeasures Of China's Disaster Prevention Research

Today's society, the economic of china developes rapidly. And the human conquer the nature constantly. The human enjoy the fruits of conquering nature. But on the other side, people also experience a lot of disasters and chanllages. China is a large country. And the population is large, too. But this is not the advantage of China. While, it makes our country have to face the huge difficulty. The way that is accompanied by disaster of human fight with the nature is from immature to mature. Since the SARS, China pay her attentions to research of SARS. Then, people know that we need not just prevertion of disasters in the beginning, but also before and afeter two stages. It is necessary to strengthen disaster prevention, in the absence of prevention, but also in the stage of the disaster. We will do all we can to narrow the loss. And we must focus on reconstruction work. Since the early SARS, the people rely on the experience to determine the disaster. They did not draw their attentions on it which makes disaster spread to the whole country. And it caused serious consequences. Because of SARS resulted to serious consequences, then the scholars pay their attentions to this problem. But our country's disaster prevention countermeasures law has not developed. So we have to learn the abroad disaster prevention legal measures. This paper based on the country's disaster. China's awarened of disaster prevention legal system is not perfect, the relevant agencies have not yet established the system with China's specific national conditions. By studying abroad advanced system, China may have legal system for disaster prevention not very hard. The whole paper is divided into four sections:Part One: the general theory of disaster prevention. First the paper express the general theory of disasters, which starts with historical data as a basis to express that the disaster history in China is very long. And then liste all the views of experts on natural disasters. Basing on this, all kinds of disasters classified by some standards. The next is the general theory of disaster prevention. The history of prevention of disaster is long, too. By exploring the history of the human race from the early inaction governance, and later gradually find their ways to solve.This paper expresses that the meaning and the theory of a disaster prevention. By introducing The United States and China on the prevention of disasters on the theoretical aspects of the situation, as well as schools. Finally, the prevention of disasters have the functional value of planning, organization, leadership.Part Two: China's legal system of disaster prevention. First on the country's disaster prevention system, mainly on China's disaster prevention of the existing legislation. Next, on the country's disaster prevention legal research methods, from an economic perspective, the need to combine science and technology and advancing with the times. the prevention of disasters of the legislative model, which is divided into about a law of a time and a law of a affair, and both have their own merits and demerits of law. A law of a time is of a higher cost of enacting the law and difficult integration. But more professional, and the occurrence of certain types of disasters is easier to operate. A law of a time require a higher technical requirements, but cost savings legislation, and also conducive to proceed from the overall. By introducing China's disaster prevention law, the last is that on the country's disaster prevention law's shortcomings: lack of disaster prevention law and the authority of government regulation. Also, china has no effective disaster prevention coordination departments and internal coordination body.Part Three: Foreign disaster prevention countermeasures comparison with the law. First introduction of the disaster prevention foreign legal response. Mainly on the United States and Japan whose law are relatively perfect countries. For example,we introduce the disaster prevention countermeasures law, the disaster prevention council, the prevention of disasters and disaster prevention agencies of the United States. Japan's disaster prevention and countermeasures law are first introduced on the Japanese legislative status. Not only is china lack of the Basic Law prevention of disasters, but also the basic law under separate laws and regulations.Japan has perfect disaster preverntion system compare with China. Japan also have disaster prevention law system control and the diversification of pluralism, and Japan each disasters have promoted the building of the legal system. We can draw some experience from the following foreign advanced system: the establishment of a comprehensive disaster prevention measures legal system. The comprehensive disaster legislation is the key to success. The emergence of any disasters are carried out according to law that will save a lot of time, manpower and material. At the same time, it is important to have a perfect urban disaster prevention system. Because the city is the most vulnerable areas to experience serious blow. So we must develope a perfect urban disaster prevention system. At last, disaster protection system is the abroad can be quickly restored tips. China is lack of that system.Part Four: The basic concept of perfect disaster prevention system. In order to Perfect the disaster prevention system, we should perfect the theory as first. First to strengthen the legislative principles of the research, legislation must uphold the principle of minimum loss and people-oriented. To protect the property of citizens of the country, we must strengthen the principles of early prevention. Meanwhile, we should strengthen disaster prevention theoretical research, and because of our theoretical research in this area is still not enough, far away from the same degree of importance of disaster prevention link. Secondly, it is necessary to improve disaster prevention system in China's basic ideas. Mainly from the specific system to carry out building. First it is necessary to establish a legislative disaster prevention system. Because china is lack of disaster prevention and treatment of the basic law. Then there is a need not only of the prevention of disasters, but also have specialized disaster and local laws and regulations final . By this way, the prevention of disasters will be forming a unified legal system. China is lack of a city disaster prevention system. The establishment of urban disaster prevention system need technical, legislative, institutional and other comprehensive support. At last, it is very important to establish the specialized disaster insurance legal system in china.