Studies Of Natural Disaster Relief System Administration

The current natural disasters around the world frequently, causing huge loss of human and property for the people in the disaster areas, directly affect and harm to the citizen’s rights to subsistence, therefore, all the countries in the world attach great importance to the timely and effective relief for natural disasters. Natural disaster emergency relief, including government agencies, social forces to rescue power of individual self-help three levels, including government agencies assistance is particularly important and necessary. Natural disasters, administrative assistance is that in the event of all kinds of natural disasters, the administrative body for the protection of the living rights of citizens, legal duty or service based on the requirements, a relative of the specific encounter natural disasters provided free of charge a specific administrative act of material help, production and life restoration and reconstruction, security, environmental protection, spiritual security or other preferential treatment. According to the different basis for the four kinds of classification of administrative assistance of nature disaster, briefly lists the characteristics of natural disaster of administrative assistance, and illustrates the differences and administrative material assistance, social assistance. To further clarify the natural disaster relief system of China’s administrative legitimacy and necessity of the rule of law, this paper analyses the basic theory of natural disasters, the administrative relief system in China, including the right to life theory, national responsibility theory, theory of service administration. In this paper, three levels from the provisions of our constitution and laws, administrative regulations and departmental rules and regulations, local government regulations and other normative documents, analyses the current situation of legislation of administrative assistance to natural disasters in our country, and points out the existing problems in China’s administrative relief of natural disasters, problems including help save main body and responsibility is not clear, the relief object and the standard uncertainty, the main system is not perfect, the legislation is not unified and the management system is not smooth etc.. Reasonable reference overseas experience relevant to the practice of administrative relief for natural disasters, the paper analyses the present situation and the practice of the Anglo American law system, continental law system countries and regions. Based on the analysis of current situation of administrative assistance in China to explore the natural disasters and reasonable reference from the overseas related practices, this paper puts forward some ideas on how to improve the natural disaster of administrative relief system in china. First elaborated the natural disaster relief in China’s administrative system should adhere to the guarantee of the survival, instant convenience, rescue and the combination of self-help, fairness, justice and openness of the basic principles. Then, this paper further puts forward to want to pass legislation to clarify the basic content of administrative relief for natural disasters, that is clear, standardize subject of administrative assistance and responsibility, natural disasters, object and standard, methods and procedures, and according to the natural disaster in our country mainly administrative relief system problems, how to improve the administrative assistance to natural disasters, the administrative information disclosure system assist the in-depth analysis to explore the institutional, material reserve system and administrative remedy system. Finally, this paper puts forward to want to clean up the legislation system of natural disaster of administrative assistance, formulate a unified "natural disaster relief act", straighten out the natural disaster relief system of administrative management.