Emergency Requisition Compensation Judicial Remedy Mechanism Research

China is a country prone to natural disasters. In the first 10 years of the 21 century, our country has seen many great natural disasters, which caused enormous threats and losses. Based on the above background, our country introduced "Emergency Response Law" and a variety of contingency plan timely which provide a set of laws and regulations for emergency rescue, relief, recovery and reconstruction.A key of the relief is to provide quick relief facilities and other significant resources to the disaster zone in order to minimize the casualties and prevent secondary disasters. The government must urgently start varies of emergency channels to meet the blowout-needs caused by the disaster effectively.According to the "Emergency Response Law", government can expropriate personal property in response to emergencies and provide compensation for the damage or loss of the personal property. So, private property is considered a social reserve for the government’s emergency calls. However, in the process of emergency takings, compensation is often not guaranteed due to lack of proper mechanism. So, combined with the situation of our country, this article studies the emergency takings compensation mechanism based on the legal analysis.The first part of the article puts forward the definition and implementation conditions of the emergency takings, the following part describes the necessity for launching emergency takings compensation mechanism through the legal analysis and overview of the theory of compensation; through the introduction of judicial relief mechanisms, the utility functions of the government and the individual are introduced; for the government to decide whether to provide compensation, a complete information dynamic game model is constituted and is analyzed from four cases; for the government to decide specific compensation, the utility function of the government is introduced, combined with the litigation probability and the probability of winning litigation of who are expropriated; then the calculation of the optimal compensation is given and the sensitivity analysis of main parameters is proceeded, and thus to provide a theoretical basis for determining the specific reasonable compensation.