Research On Emergency Requisition System Of The Chinese Government

In recent years, all types of emergencies occurred frequently in our country, such as the“southern snow disaster” in2008, the “Wenchuan earthquake” in2008, the “Wenzhou Bullettrains rear-end accident” in2009, the “Lushan earthquake” in2013. These emergencies oftenhave suddenness, development of uncertainty, and seriousness of the harm. In order to dealwith various types of public emergencies promptly and effectively, the government willinevitably take necessary administrative emergency measures, and emergency requisition isone of them.As an important administrative measure for the government to deal with emergencies,emergency requisition has an extremely important practical value. Because when in anemergency situation, in order to control and deal with emergencies promptly and effectively,to avoid greater losses and to restore normal social order as soon as possible, the governmentoften have to sacrifice private interest for national and public interest. But any power is at therisk of being abused. When taking the emergency requisition measures, the government islikely to damage and violate private rights. Therefore, the regulation of law is essential.In legislation, China has formulated the “Emergency Response Law”, and many regionshave developed emergency Ordinance or emergency regulations. The introduction of theselaws provides the legal basis for government to take urgent administrative measures by usingthe emergency administrative power, and also plays a role in restricting emergencyadministrative power.But in China’s current legislation, there are only some guiding provisions on emergencyrequisition system. Its content is simple, general and hard to execute, which cause greatdifficulties in practice. Its simplicity and ambiguity also contribute to a series of problems inexecuting Chinese government emergency requisition: the rights and obligations ofadministrative body administrative and counterpart are not clarified; The conditions ofgovernment implementing emergency requisition are not clear; there is a lack of proceduresfor government emergency requisition and compensation; The compensation standard ofgovernment emergency requisition is undefined. Those issues not only confuse thegovernment in taking emergency measures by using administrative emergency power, but alsoeasily lead to abuse of emergency administrative power, and violation of people’s legitimate interests.In view of this, based on reviewing emergency requisition system and related legislationof our government, this article begins with analyzing and explaining the issues and causes ofour emergency requisition system, then offers a proposal to improve it by comparing Normaladministrative expropriation system, and referencing to the theory and practice of ForeignEmergency requisition system. by rebuilding the emergency requisition system of our country,it’s hoped to bring emergency administrative power of the government under effective control,and that our citizens can obtain fair compensation for the special sacrificed for national andpublic interests.