Research For The Right Of People Whose Property Is Commandeered For Emergency

In recent years,more and more serious emergency happened in our country.We are in great need of research of how to improve the disposal ability of emergency, and how to perfect law safeguard for emergency treatment.The recent legislative research of emergency management in our country is backward comparing with the parallel research in the developed country and international community. The effect of law safeguard in emergency treatment is not sufficiently appreciated in our country. There are two reasons for us to research the law safeguard for the right of people whose property commandeered for emergency.Firstly, there is rather nick between the emergent material and daily need reserve. Secondly, academics is lacking in the research of administrative expropriation for emergency,the related laws and regulations are scarce.For example,although the law of dealing with emergency has mentioned that the government can commandeer units or people's property for emergency,such as equipment, establishment, field, vehicle,or other things.The local government's regulations are stagnant. In that background,this paper emphasizes the research of the law safeguard for the right of people whose property commandeered for emergency .This paper based on the analysis of emergency, peremptorily expropriation,the right of personal property, public advantages and so on .Comparing with the legislation between internal and abroad. pointing out the problem of the law institution for peremptorily expropriation ,such as legislation, expropriation subject, rights and obligations, appliance and application. Polishing the law institution from legislation, supervision regime and the relief approach. Emphasizing on the solution of some problems ,such as the definition of legislation and expropriation subject, the basic principle of expropriation, stipulating for mating institution, effective supervision for the behavior of expropriation by government,and the way for people whose property is commandeered to search for administrative and judicial relief. After all,the purpose of this paper is attempting to establish some scientific and reasonable law institution of administrative for emergency.