Research On Compensation For Emergency Requisition

In recent years, emergencies happened frequently in our country. We are in thegreat need of research of how to improve the ability of dealing with emergencies, andhow to perfect law on emergency requisition. The recent legislative research ofemergency management in our country falls behind the parallel research in thedeveloped country. Emergency laws have not paid enough attention to emergencyrequisition. Although the Emergency Response Law of People’s Republic of Chinahas enforced，mentioning the governments and its department can expropriate theproperty of organization and individual in order to deal with emergencies. A lot oflocal people’s congress or government have established statues or measures for theimplementation for local use. Comparing with national law, these local rules are indetail，but still can’t be performed well in reality. Under this circumstance, I gathered57laws related to emergency requisition, analyzing the problems and trying to offersolutions.This thesis isdividedintothreeparts：The first part is basic theory related to emergency requisition. Requisition can bedivided to normal requisition and emergency requisition. This two kinds of requisitionare different in terms of applicationcondition，demand of speed and procedure andthe degree of derogation. These differences require special demand in time ofemergency requisition. Such as emergency happens, for the purpose of generalinterests. Emergency requisition can balance interest between administrativecounterpart and general public, restrain emergency power of government and keeptheharmonyofsociety.The second part is the problems about emergency requisition. Using standardanalysis methods to prove the main problems in emergency requisition compensation.Specially，compensation party is not clear，compensation principal is ambiguous, lackof compensation procure，unsecure of compensation fund and limited sources ofhelping.The third part is solutions of perfecting emergency requisition. By applying theprincipal of the requisition party is responsible for compensation. By establishing thefair compensation rule，compensating the direct loss of administrative counterpart；By learning foreign legislative and measures of some areas in our country，makingcompensation procedures more practical. Improving local government budget and broaden fund raising sources. Using administrative mediation and judicial conciliationto resolve disputes of emergency requisition, exploring the establishment of ascientific and reasonable emergency requisition compensation system.