On The Improvement Of The Legal System Of Administrative Assistance For Natural Disasters In China

Natural disasters in recent years continued to threaten Chinese disaster areas the people's basic rights, if mastering national public resource by the government not to implement medical, material assistance and other administrative relief, this will influence to the affected area of the social harmony and stability. Therefore, perfecting natural disaster administrative relief system in China for the protection of victims of the basic rights of great significance, and is necessary for the construction of harmonious society in china. Obviously, perfecting natural disaster relief system in China should improve the relevant legislation at the beginning. Fortunately, the "Regulations" the introduction of natural disaster relief, to some extent, China has officially announced the administrative assistance of nature disasters into the orbit of rule of law construction. However, on the whole, natural disaster relief in China's administrative legislation is not perfect; the degree of rule by law is relatively low. The source of this, this paper from the analysis of China's current administrative assistance of nature disaster legislation present situation and the existence question focus and take the method of comparative analysis to some foreign countries with a higher degree of legalization of administrative assistance of nature disaster of a comparative study, in order to learn some of their successful experience. In addition, because of the natural disasters in our country administrative assistance legislation documents either name or effect levels are diverse, and content provided more, too scattered, therefore, the natural disasters in our country administrative assistance legislation content analysis, using the form to summarize and analyze the relevant legislative content natural disasters in China, making the administrative assistance legislation documents and content to stick out a mile. In addition, in view of the existing administrative relief of natural disasters in China, the author puts forward some improving suggestions.The paper is divided into four parts:In the first part, the author analyzes of law is the concept of administrative relief from this category wider attempt to start the administrative relief for natural disaster concept determined. In addition, this section also briefly analyzed the basic principles of administrative relief of natural disasters, such as self-help and mutual administrative assistance principle of combining short-term relief principles.The second part:the status quo and the existing administrative assistance of nature disaster in China's legal system problem. The first part through the form simple combed the relevant laws and regulations of China's current administrative assistance of nature disaster, and then summarized our country administrative assistance of nature disaster in legislation, supervision and relief aspects of the existence of many problems, such as:the constitution basis insufficient, lack of specific laws, provisions in principle too much; supervision set up confusion, authority is not clear, the lack of external oversight; rights remedies the lack of legal basis, the victims rights relief exercise blocked, legal consciousness.The third part:the United States and Japan and other major countries under the rule of the administrative assistance of nature disaster legal system inspection. This part mainly introduces the America, Japan's administrative assistance of nature disaster related legal system, sums up the lessons.The fourth part:some suggestions on perfecting the system of administrative assistance of nature disaster in china. This part mainly for natural disaster relief in China's administrative legal system problems, combined with China's specific national conditions, and puts forward some suggestions to perfect. Specific include:the establishment of the constitution, set up the special laws, laws and regulations to enhance the operability; improve the subject of internal supervision, pay attention to the strength of external supervision, strengthen accountability efforts; improve the system of administrative reconsideration, administrative litigation system, strengthen the consciousness of legal rights of victims.