Research On Administrative Requisition System In Our Country Emergency

Recent years, our country is prone to all kinds of emergencies including the"5.12" large earthquake,"7.23" catastrophic motor train accident, the event of Songhuariver pollution,"Rosy" typhoon and so on. Therefore, administrative requisition whichis frequently used in dealing with a sudden emergency has deservedly become an urgentmeasure of our government and has very important theoretical significance and practicalvalue. In order to avoid a wider range of loss when an emergency outbursts,administrative subject has to sacrifice the private interests of the majority to safeguardthe interests of the state and the public. But at the same time, administrative requisitioncan also easily destruct and invade the private rights so it is imperative to regulate thelaw.China’s existing legislation only make principled regulation on the administrativerequisition system of emergency thus is too general and lack of maneuverability,causing great difficulties to practical operation. Therefore, by using comparison method,value analysis and other methods tentatively, this paper probes into the basic theory ofthe administrative requisition system under emergent conditions. It makes in-depthanalysis upon the current legislation from three aspects of administrative requisition inemergency, which are requirements, procedures and compensation, and puts forwardsuggestion as to how to reform and perfect legislation thereafter specifically.This papers’ construction of the fundamental framework follows the basicresearch idea of "problem rising-problem analyzing-problem solving". The whole thesisdivides into six chapters. The first chapter is introduction, mainly introducing the originof the problems, and the research significance, research methods and basic thoughts ofadministrative requisition in emergency. The second chapter contains the basic theory ofadministrative requisition, mainly discussing the concept, theoretical foundation,particularity and China’s general legislation situation of the administrative requisition inemergency. The third chapter presents us the condition of administrative requisition inemergency, mainly analyzing its practical application and future outlook combined withour country’s legislation. The fourth is about procedure, mainly analyzing its practical application and future outlook combined with our country’s legislation. The fifth chapterconcerns about compensation, like Chapter3and Chapter4, this chapter also analysespractical application and future outlook of compensation.This paper focuses on the theoretical level of system in emergency, and reflectson our country’s existing problems in related system, and through the analysis of theparticularity, it specifies the regulation on the conditions, procedures and compensationof administrative requisition in emergency. The basic point of this research is that, thebasic problem in administrative requisition system under emergent conditions is how toachieve the coordination between public and private interests, and balance betweenefficiency and fairness. Therefore, the future priority of China’s legislation is to regulateand constraint the rights of administrative requirement and prevent power abuse for thesake of fully respecting and protecting individual interests in response to emergencythrough perfecting the system of administrative requisition in emergency, such asrequisition, procedures and compensation. All of these have profound significance andinfluence on our country’s market economy and construction of democracy and lawduring transition period.