Study Of Chinese Natural Disasters' Administrative Payment System

In recent years,China's frequent natural disasters,led to the people's life and health and property rights have been significant losses,the production and living order of the disaster area has been severely damaged.Our government has made remarkable achievements in the work of disaster relief and greatly guaranteed the rights and interests of the people and shows the confidence and determination of our country to build a service government.The administrative payment of natural disasters greatly fits the spirit of the construction of service-oriented government in China.It refers to the act of provision of material,safety,environment and the mental security protection to the specific citizens in order to protect the social rights such as the right of subsistence and the beneficial rights of citizens in the event of natural disasters.However,there are still some phenomenon and problems that can not be ignored in the practice of natural disaster payment in China,such as the lack of legislation,the imperfection of the payment system and the imperfect procedures,and the practical problems of the judicial relief channels It is urgent to study the administrative payment of natural disasters in China.Studying the administrative payment of natural disasters in China will play a catalytic role in its norms and effectively run on the track of the rule of law.This paper is based on the service-oriented government to carry out research,emphasizing the state's payment obligations and the basic rights of citizens.Firstly,it defines the concept of administrative payment of natural disasters,points out its particularity and main classification compared with the general administrative payment,and studies the constitutional theoretical basis of administrative payment of natural disasters: the right of social assistance and the payment obligation of the state.On the basis of analyzing the administrative payment system of natural disasters in China,the author draws lessons from the experience of the United States and Japan,and points out the consummation way of administrative payment of natural disasters in our country:clarify its constitutional basis,establish the legal principles that should be followed,and improve the content of the subject,procedure and judicial relief.Through the research of this paper,we hope to contribute to the further improvement and development of the administrative payment of natural disasters in China.