| Taiwan belongs to the earthquake-prone region in China, which suffers great economic loss during each earthquake. After many legislative attempts and practical test, currently Taiwan has basically developed a legislative administrative legislation system. Since The Measures on Disaster Prevention and Aftermath Rescue is promulgated, Taiwan has published several important administrative regulations, including The Proposal on Precaution against Earthquake, the Temporary Regulation on the Rebuilding after the Earthquake on September21st, and The Disaster Prevention Act, etc. This article will focus on the main content, legislative features and meanings of this important administrative legislation. There legislations are all published after massive disasters and mean a lot to the quick response on aftermath rebuilding and reducing the loss.Currently, the legislation of Taiwan on precautions against earthquakes and reducing the loss has established a tertiary system on disaster prevention, including the Central government, and the township. This tertiary system is composed of the following three systems, including the planning system, the organization system and the contingency system on prevention and rescue against earthquakes. The aforementioned planning system includes the basic plan, the operational plan and the regional plan on the prevention and rescue against earthquakes. The aforementioned organization system consists of a tertiary system including the central, municipal and the township report system on prevention against disasters. The aforementioned contingency system consists of the central center, the emergency team and the contingency center against disasters, which are established after the occurrence of earthquakes. While the three systems are established, Taiwan emphasizes on incorporating the civil defense, the reserved military force into the emergency system, focusing on carrying out the aftermath rescue integrating the civil and community organization together.When systematically combing the legislative status quo and legislative system on the administrative legislation against earthquakes of Taiwan, I summarize the important principles on the administrative legislation of Taiwan against earthquakes, which can be listed as the following:strengthen the administrative power, the most favorable rights protection, the ultimate goal of stabilizing the aftermath order and finishing rebuilding as soon as possible, emphasis on cooperating with multi-forces, etc. These principles have also been reflected in the relative administrative legislations. With the guidance of these principles, the prevention and rescue work against earthquake embodies the concern for the human beings in many aspects.After many years’ endeavor, the administrative legislation of Mainland China against earthquake begins to take shape, and also is systematical to some extent, mainly reflecting in the legislation of National People’s Congress, the regulations of the State Council, the regulations of China Seismological Bureau and governments at all levels. This article will give a brief introduction on the administrative legislation of Mainland China based on the different authority publishing the relative regulations, and also points out the important problems to be solved in the future, including emphasis deviation due to the imperfection of management system, the morbidity of the legislative system, and the supervision of legislation needing to be improved. The aforementioned problems shall be solved in the future administrative legislation. At last, this article points out that since the administrative legislation of Taiwan has made some significant achievements, Mainland China shall learn from Taiwan by emphasizing cooperation between different departments in the legislation, refining the measures on aftermath rescue and rebuilding, and establishing a unified organization on prevention and rescue against earthquakes. |
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