Emergency Response Of Local Legislation

Now each kind of crisis event frequency sends in the society, highly effective each kind of thunderbolt should become the great challenge to which all levels of people's government of our country must face .Before "Thunderbolt Should to Law" appears, the legal framework related to thunderbolt should mainly include "Flood prevention Law", "Quakeproof Disaster reduction Law", "Infectious disease Prevention law" and so on specially legislates, "Water Law", "Forest-law", "Fire Law" and so on the department control laws, the massive administrative rules and regulations, like "Arise suddenly Public health Event Emergency Rule", as well as each place arises suddenly the public event emergency predetermined plan system and so on in our country. However, most of these legislation's partial provisions is related to the thunderbolt prevention and should to, it is by no means the special legislation of the emergency response, and also the content is relatively simple. Therefore, after "Thunderbolt Should to Law" appears, our country should be supposed to take this law as the main basis to response to the thunderbolt. However, as the fundamental law of emergency response, "Thunderbolt Should to Law "'s main function is to solve the common question of emergency response, as well as the question which not be stipulated in the single line legislation. Thus, we can't expect that it can solve all contingency problems, there must be a lot of local laws and regulations and so on to set with "Thunderbolt Should to Law" to get it better. The research purpose of this topic is to provides some suggestions for other areas in China that will formulate this ordinance, through the analysis of the necessity, the local legislation legislative competence, the key areas, legislative forms and the innovation of the existing local contingency regulations for the legislation at presentThis paper mainly divided into five parts:The first part, the basic concept of emergency response of local legislation .Including the connotation of emergencies, the connotation of emergency response and the concept definition and necessity of emergency response of local legislation .Through scholars's different definitions of emergency, it is concluded that the events's concept and characteristic mentioned in this paper . Further conclude emergency response's concept and characteristic through emergency features. Then briefly analyzes the contingency of local legislation legislature, legislation form, thus draws the contingency globalization-the local lawmaking belong to implement sex legislation. Finally it introduces the necessity of local legislation from several aspects such as offset the existing legislation lack, enhance the operational method of the "Thunderbolt Should to Law".The second part, the guiding principle of emergency response of local legislation .Including prevention primarily principle, unification coordination principle, safeguard human rights principle and legal system unified and nimble disposition union principle. The local legislature should be supposed to follow these principles in the process of emergency response of local legislation , then unifies this administrative division the actual situation, thus causes the legislation stipulation to manifest the local place characteristic well, is advantageous for the local government to be supposed to the thunderbolt.The third part, the jurisdiction, key and the form of emergency response of local legislation. The jurisdiction part of contents, this article mainly from the legal retention item, the central State agency's authority item, limit the citizen basic right the item and so on several local legislations to make the stipulation not suitably the angle analysis. The key domain part, this article thought the place legislation responds from to the thunderbolt should again to the law authorization stipulation implementation and the implementation, should to the thunderbolt procedural nature stipulate, the indemnificatory stipulated and supplemental stipulated and so on several aspects carry on the stipulation. The place legislation form part, this article is more advantageous from the formulation local laws and regulations in the thunderbolt should to the law comprehensive implementation, be more advantageous essential to the supplement part formulates the stipulation and so on several aspects to analyze, obtains the thunderbolt to be supposed to be supposed to formulate the local laws and regulations to the place legislation for suitable.The fourth part, our country existing thunderbolt should to appraisal of and the analysis the place legislation. Including our country existing thunderbolt should to the place legislation basic survey, the prominent contents and the main legislation innovates three parts of contents.The fifth part, contingency local legislation should pay attention. This paper argues that the problem of local legislation conservative, passivity, copy type legislative issues, structural problems and Go in for grandiose projects style place characteristic problems are local legislature in response to emergencies local legislative process should be noted, has not carried out for emergency response in the administrative areas of local legislation of future contingency legislation to provide some suggestions reference.