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Research On Legal System Of Casualty Relief For Rescue And Relief Personnel

Posted on:2019-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2416330572463077Subject:Law
Abstract/Summary:PDF Full Text Request
On 12 May 2008,an earthquake of magnitude 8.0 occurred in Wenchuan,Sichuan,and on 3 August 2014,an earthquake of magnitude 6.5 occurred in Ludian,Yunnan.The sudden disaster disrupted the normal work and life order.With the implementation of relief measures and post-disaster reconstruction work,a variety of social contradictions and intertwined demands for interests,a large number of legal issues have become increasingly prominent.Because of the sudden occurrence of the earthquake and the urgency of rescue,different types of rescuers participate in the rescue,when personal injury occurs in the rescue process,Because of the identity of rescuers,sources,forms of participation in the rescue and other factors,China's existing relevant laws and regulations are scattered or vacant,and for such problems to solve the national policy provisions are strong;In the end,there will be different compensation or compensation for rescuers who are injured or injured in the same rescue incident.Due to different factors such as the origin and identity of rescuers,there may be different channels for compensation or compensation.As a result,the families of the casualties have different understanding of the law because of different treatment results,and even the families of the casualties through various media channels for "hero bleeding and tears","the same life is not the same price" propaganda reports,the social impact is greater.The author,as a legal worker in the 8.03 earthquake disaster area,combined with the actual work,tried to analyze the post-processing methods and results of the casualties of the rescuers and rescuers through the cases,and combined with the regulations of the legal problems of the casualties of the rescuers in the rescue work in force in our country.From the perspective of how to exercise the rights and what kind of rights to exercise after the casualties of rescue workers,find out the current legal provisions in our country in dealing with such disputes encountered in the realistic dilemma.Finally,from the different roles played by all kinds of rescuers in the rescue process,this paper puts forward the idea of integrating professional rescue volunteers,strengthening the state responsibility in such disputes,and establishing the state as the main body of responsibility.Referring to the industrial injury standard,some ideas of the industrial injury relief fund are put forward in order to give legal protection to the people who are actively involved in the rescue and rescue,and to make the society more fair and harmonious.
Keywords/Search Tags:Rescue and disaster relief, State responsibility, Rescue system
PDF Full Text Request
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