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Analysis On The Government’s Responsibility Of Emergency

Posted on:2012-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2246330374996415Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since China’s police of reform and being open to other countries,with the furtherdevelopment of economy and society,China enters a period of crisis with a frequentincidence of emergencise.This presents the government with a major challenge:Howto face the crisis and solve the problems,in order to protect the interests of itscitizens.However,from practice to respond to emergencies,we find that ourgovernment is difficult to assume this responsibility under the existingsystem.Including the previous“SARS”and “wenchuan earthquake”incident,weng’anmass incident and the incidence of mine disaster.In the handling of theseemergencies,the government is also lack the ability of rescuing,disclosing informationand accountability in a timely manner,etc.Only the system is the best guarantee torespond to the emergencies,so it has become inevitable to perfect the responsibilitysystem related to emergencies.Emergencies are mainly handled by the government,according to the socialcontract theory,the reason why some of the people’s rights are transferred to thegovernment that it can be better protect the life,property and safety of citizens. Thegovernment usually have very strong power in dealing with emergency,which requiresthe government to protect people’s rights,as well as noting the limits of itspower.China’s the decision-making organizational framework of emergency hasalready formed, the laws and regulations have been improved, the degree ofinformation disclosure has made a significant progress,and the related accountabilitysystem is also established.However,in practice,the government doesn’t have a strongsense of crisis,as well as lack of awareness, management disorder,unclear functionsand responsibilities,and also the deficiency in accountability for penalties.As aresult,the responsibility for emergency regarding established for theregulation,supervision of implementing the law and other aspects still need to befurther improved.Western develop countries have a relatively pefect legal system ofemergency,and a sound the organizational structure,the whole responsibility ofemergency for the government accountability is in a relatively good operatingcondition,so a lot of useful experience is worth learning.To strengthen the governmentresponsibilities in emergencies should first improve the managementmechanism,strengthen the sense of responsibility,transfor the functions of government,build a strong organization and coordination body.The legal system of ourcountry to the “Emergency Response Law”continues to improve,but also speed up theintroduction of a state of emergency law.Government should prepare to deal withemergency prevention,education work,and emergency management of theproperty.The government should take responsibility for information disclosure,whichis respect for its citizens’right to know.Improving the emergency accountabilitysystem,which is a kind of the punishment and also the prevention.
Keywords/Search Tags:emergency, responsibilityof the government, informationdisclosure, perfection
PDF Full Text Request
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