Analysis On Legal System Of Administrative Relief In Natural Disasters

It has been emphasized in the United Nations’ world conference on disasterreduction in1994that the standard of progress and development of a country andsociety was not merely on economic increase but more on the comprehensive nationalstrength, especially on the ability of safe disaster mitigation. The survival anddevelopment of victims play an important role in relief, therefore, legalization ofdisaster relief has come into practice in countries all over the world.Nowadays, thefrequent natural disasters have caused a somehow loss to many countries directly orindirectly, and China was no exception.As one of the countries that was most affectedby natural disasters, the victims in China was about200,000,000, accounting for1/7of the population.Faced with the frequent natural disasters, developed countries like US andJapanese have formed a complete legal system of administrative relief in naturaldisasters. However, China has still been asking for a special legal to adjust therelations of emergency rescue. This thesis, based on fundamental theory and statusanalysis, find out the existing problems in the system of administrative relief innatural disasters and put forward suggestion of enacting the relief law in disaster.Under this framework, the legislation of single disaster and local legislation will comeinto inter-coordination and a complete legal system of administrative relief in naturaldisasters will be shaped. This thesis includes three chapters. In Chapter One,various kinds of theoriesabout administrative relief in disaster are analyzed and the fundamental concept andnature are summarized. And it maks a comprehensive discussion about the basictheory. In Chapter Two, by analyzing specific cases and current legal system, theproblems in existing system are come up with and the necessity of law constraints arepointed out. In Chapter Three, based on integrated survey and contrast with foreignadministrative relief, new path and methods are explored in improving the legalsystem of administrate relief in natural disasters.