The Research On The Legal System Of Natural Disaster Prevention

China is one of the countries suffered the most serious natural disasters, a complete disaster species,widely distributed, high-frequency, destructive characteristics. In recent years, frequent natural disasterscause enormous property damage and casualties, a serious threat to economic development and socialstability, such as the2008Wenchuan earthquake, killed the number of missing exceeding8.7million and845.1billion yuan of economic losses. over a long period，people come to realize that relying on legal useof its normative and mandatory is in order to better natural disaster prevention and control work. Ourgovernment has gone through the Great Tangshan Earthquake, the Wenchuan Earthquake, Quzhou Debrisflow and other major natural disasters, and attaches great importance to natural disaster prevention andcontrol work，introduced a large number of disaster-prevention and control plans, regulations, methodsand post-disaster restoration and reconstruction of regulations, etc，in disaster management played animportant role in the process, compared with countries with a comprehensive natural disaster preventionand control legal system, Chinese natural disaster prevention legal system is still at an early stage, manyways is still blank, no laws, regulations in the process of disaster prevention.Most of the administrativeregulations, the provisions of the obligation of the administrative body to protect the rights of the victims,obviously too narrow and easily lead to disaster victims are not relief, excessive reliance on the politicaland auxiliary heavy financial burden, ignoring the powerful force of social participation in disaster reliefand other issues. Under the guidance of the basic strategy of governing the country according to law, thelegal system of Chinese natural disaster prevention: a sound contingency plans for natural disasterprevention system, all levels of government combined with the actual local situation, to develop acomprehensive contingency plans to reduce disaster losses.Sound natural disasters prevention and controlof social forces to participate in the system, along with rapid economic development,social organizations,people are relatively abundant material, and are willing to participate in disaster relief, is necessary toimprove the social forces involved in the system, guide, encourage, support for social forces to participatein disaster relief. And improve the natural disaster insurance system, and actively guide the insuranceindustry to participate in disaster relief to alleviate the financial burden. Sound natural disasters prevention and control of fund management system, in front of several system regardless of how the implementation inplace, complete money management system will be useless, the system by means of the governmentscientific and effective post-disaster planning and redevelopment programs, the audit of the projectfinancial disclosure, the community supervision. The power of supervision of the sound of natural disasterprevention and relief system on the Rights of the natural disaster relief process, for the present reliefsupplies to the issuance of the temporary expropriation of property for disaster relief is dependent on thestaff of government departments, the process do not rule out the executive staff of abuse of power, harmpublic interests, it is necessary to strengthen the procedural requirements of power and social supervision,at the same time improve the channels of power relief, so as to ensure the right of the people, love thepeople the Department. Combined with China’s actual conditions on the concrete and practical disasterprevention legal system. On the basis of the reference literature, from the definition of the theory of naturaldisasters and natural disasters prevention Overview start to study the legal system of America, Japan andGermany, natural disaster prevention, and get inspiration from, and then analyze China’s current naturaldisasters prevention laws the inadequacy of the system, and ultimately improve natural disaster preventionin China’s legal system idea, in general terms, the paper is divided into three parts, the main contents are asfollows:The first part: the first introduces a natural disaster, natural disaster prevention and natural disasterprevention legal system of knowledge, including the concept of natural disasters, property, natural disasterprevention brief, feasibility analysis, natural disaster prevention and control legal system description, therole of and so on.The second part: First Overview of the prevention of natural disasters, the legal system of the UnitedStates, Japan, Germany, through the analysis of foreign practices and effectiveness, as well as the lack oflegal system of China’s natural disaster prevention, and thus leads to the theme of this paper, the preventionof natural disasters in China The idea of the legal system, a brief overview of the revelation of the legalsystem construction of China’s disaster prevention.Secondly analyzed the deficiencies of the legal systemof our country at this stage of natural disaster: natural disaster prevention and control of administrativepower is too dispersed,natural disaster prevention and control of social forces to participate in poor accessto natural disaster insurance system is not healthy, natural disaster prevention and control of funds regulatory regime unsound, the power of supervision and rights of the natural disaster relief systemproblems.The third part: put forward a sound legal system of China’s natural disaster prevention idea. Soundnatural disaster contingency plans for system, a sound system of natural disasters, social forces involved inthe sound natural disaster insurance system, the fund management system and improve the natural disasters,natural disasters, power monitoring and rights remedy system expansion to build the above system building,to achieve the perfection of the legal system of Chinese characteristics, natural disaster prevention.