Research On Coordination Of The Rule Of Law Between Military And Government In Emergency Management

We have to face the "crisis century", when we steps into the21stcentury. All kinds of disasters which from property damage to life safetyhave become an inevitable part in our daily life. At this time, time andefficiency are the keys to the disaster emergency. The cooperationbetween the army and the government to deal with the emergencies hasbecome normal. However, the army and the government each have theirown leadership and command system, there isn’t leadership relationbetween these two. So how to use army normatively and effectively, andhow to coordinate between army and government in disaster emergencyare the crucial problem in this research.According to the social contract theory and the modern governmentservice idea, the government plays the leading role in the emergency; thearmy can only be assistance and supporter in the emergency, because ofthe military’s defense instinct in combat. Nevertheless, in recent years, theroles of the army and the government are inverted in the emergencymanagement in our country, especially in the natural disasters. There arebig defects and problems in the coordination of the emergencymanagement system, and it’s constraining the function of the disasteremergency management efficiency. The America, Japan and Taiwan formed quite mature cooperationmechanism respectively in their emergency process. Therefore, throughthe foreign advanced experiences, the author intends to improveemergency legislation level, strengthen the rule-of-law level in emergencyplan, complete emergency response organization law, improve theprocedures of emergency management mechanism, perfect our country’semergency management military coordination framework of the rule oflaw, and in order to provide useful method to our army and governmentwhen they are practicing the emergency management.