The rural area is faced with the threat of a series of emergencies during the special period of economic and social change.Ensuring the countryside safety and stability is the premise of building the society with rule of law and the new countryside.Compared with the developed countries,China's emergency response system and legal construction remains backward.Compared with the city emergency management construction,the rural area of China is faced with a lot of disadvantages,such as the lack of resources and talents,the poor supervision,the lack of pertinence of emergency management system and the weak legal sense.This paper conducted a systematic study to the characteristics of rural emergency,to explore the countermeasure of emergencies,and to perfect the legal system building of rural emergencies.Firstly,the research focused on the basic concepts and main characteristics of the rural emergency by considering the emergency prevention,monitoring and early warning,emergency relief,post-disaster reconstruction and legal accountability.A definition of rural emergency based on the features of the rural area is given by comparing with the definition of emergency at home and abroad.The particularity of the country and the differences between the rural area and the city are analyzed from the four aspects of region,politics,economy and population.On the basis of whether there are human factors,the rural emergency was classified into three categories: purely natural disaster,pure man-made disasters and man-made natural disaster.The emergency is difficult to predict.However,the evolution of emergencies has certain rules to follow.This study proposed thoughts of legislation and human intervention to reduce the frequency and severity of emergency.Secondly,the present situation in the construction of rule of law in the rural area of China is analyzed systematically.Due to the lack of resources and talents,lack of supervision,and the poor timeliness of emergency rescue,the current legal system do not have operability in rural areas.Based on the coping mechanisms,classification,particularity,and legal institution of emergency,the problems of the solutions of emergent in the rural area of China are revealed.The paper also investigated the advanced management experience of emergency in the United States,Japan and Britain,which provided reference and development direction for the improvement of rural legal construction and emergency management system in the rural area of China.Finally,the pathways of transformation of the legal construction for the emergency response in the rural area of China are put forward according to the route of “the change of legal thinking-the perfection of legal system-the implementation of the rule of law behavior”.The targeted countermeasures and suggestions,including the institution of rural office of legal counsel,seamless emergency management system,and information-based and network-based of the legal construction,are proposed combining with the characteristics of the rural area of China. |