| Community disaster prevention and mitigation is the footstone for urban disasterprevention and mitigation. However with an oversight of its current theory and practice, it canbe told that the urban disaster prevention and mitigation is still at a very early stage in China,especially being prevented from a farther development by the stalling of legislation. Thus, it isnecessary for a deep far look into relevant legal problems, and seeking for a path leading tolegislation perfection by an analysis of current situations and a help from overseas experience.Finally, here could come the regulation and legislation, even the realization of the innovationof the social management strategy.For theories are usually taken as the logical start point for a study, this essay starts withsome basic idea of urban community disaster prevention and mitigation, and develops into ananalysis of its theoretical principals and a discuss of state and society theory and polycentricgovernance theory, and eventually solves the problem why the community as a autonomousunit can be held responsible for this public performance of disaster prevention and mitigation.Secondly the current Chinese situation and problem of urban community disaster preventionand mitigation is to be gone through. Through the analysis of the actual effect of this legalsystem, it comes this conclusion that the trouble we are facing are: the unclearness of legalstatue of urban community organization on disaster prevention and mitigation, the low rate ofcontingency plan development and its efficiency, the lack of relevant deployment andschematization, the actual barrier in the way to disaster risk evaluation implement, thepreference for prevention instead of a whole process prevention and mitigating, low publicengagement and the lack of community management and examining process. Then, in thefollowing part, relevant American and Japanese legal system are taken into consideration andlead up to following delighting points: strengthening the process of legislation, making plansfor community disaster mitigation, emphasizing on the public engagement in communitydisaster prevention and mitigation, and the breeding of active atmosphere for communitydisaster mitigation. About how to perfect Chinese legal system on this matter the last partgives answer, which is to perfect the legislation. The legislation perfection can be attained byseven methods: to clarify the stand of urban community neighborhood committee in this legalsystem, to raise the rate of fulfillment and efficiency of community contingency plans, to make a urban community disaster prevention and mitigation deployment system, to realize ainvestigation and evaluation system of nature disasters mitigation in urban communitythrough multiple methods, to build the disaster contingency method, rescuing and rebuildingsystem, to enlarge the public engagement and perfect the community management andexamine process. |