Adopting Legal Means To Better Handle Stampede Accident

Stampede accident,a sort of large-scale man-made accidents,has frequency been reported in recent years,calling for urgent attention to be dealt with.In this thesis,the discussion object is the stampede which is in the government regulation.Tried to analyze the cause of the stampede occurred frequently,prevention countermeasures and solutions under the rule of law.From the link between the response of stampede and the rule of law,this paper expounds the consummating the system of the rule of law as a tool for the management of the importance of stampede from the source.A typical stampede accident has such prominent features: its odds are low but it can take place in a sudden and result in a serious consequence.So far our government has already adopted certain measures to both prevent and handle stampede accident,but they are not working well as those measures are designed not to deter stampede accident from happening in the origin place.All the above mentioned stampede accidents tend to happen at medium or large cities with dense population.In view that our country has suffered from the pain of large-scale stampede accidents,Chinese government has introduced all kinds of measures to both prevent and deal with stampede accident.After a deep reflection on the failure of previous measures and on the basis of thousands of documents and thesis concerning stampede accident,an useful conclusion is made that only by legal means will stampede accident be successfully handled.To support the above finding,the necessity of adopting legal means must be analyzed and the legal frameworks which consist of legal means must be introduced.Therefore,only applying the rule of law by mandatory measures could completely remedy the old mode,it is also the fundamental strategy to promote the rule of law and accelerate the realization of China's law.Firstly,this paper introduces the background of selected topic and research significance of this article,and the ideas,methods and innovations of this article has carried on the concise and expounded.Secondly,based on those studies and bearing in mind that those so called multiple approaches with excellent working scheme have not achieved the desired effect of preventing stampede accident,the author of this paper concludes that for city security management it is not experience but science as well as legal regime which is in conformity with science that counts.Now that the existing systems of stampede settlement are proved to be not working,it is time for a special law to show up.Thirdly,the reason that the stampede happened frequently is the shortcomings of law enforcement and nonfeasance of the government.The fundamental reason for the repeated stampede accident is the want of legal means and emergency plans.Indeed there exist some regulations in force governing stampede accident but they are too abstract to enforce or execute.Administrative agencies concerned always find themselves in a dilemma where there are actually no laws to follow.So in fact a better description of the obstacle we encounter may not be the lack of legal means or rules.There are indeed “rules or regulations concerning stampede accident”.But the true reality,which should be deemed as the key reason for repeated stampede accident,is that there is no enforceable legal frameworks to guide our government.Once more,the experience of stampede accident prevention in Britain,the United States,Japan,South Korea as the reference of our country under the rule of law dealing with accident,compare academic achievements at home and abroad were reviewed and the microscopic study,based on the changing international order to grasp the law,and from the angle of the strategies,methods innovation to summarize the experiences of applicable to trample accident prevention in our country.Finally,it then turns out that four legal frameworks must be adopted to better handle stampede accident.Those legal frameworks include:(a)enacting special laws which regulate on public activities of massive crowd;(b)taking preventive legal measures on the part of administrative agencies concerned;(c)establishing and developing ex post regimes both of responsibility taking and relief seeking;(d)enhancing ordinary people's security education and propaganda on stampede accident.