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A Study On The Compensation System Of Emergency Expropriation For Public Health Emergency

Posted on:2022-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:S Z QinFull Text:PDF
GTID:2506306509959089Subject:Science of Law
Abstract/Summary:
The global spread of COVID-19 has brought public health emergencies into the public’s perspective again.As one of the means to solve public health emergencies,emergency expropriation plays an important role in the prevention,control,and handling of the epidemic.The compensation caused by the emergency expropriation by the administrative body for the needs of epidemic prevention and control and disposal is also the meaning of the question.At present,our country’s legislations and regulations on the emergency expropriation compensation system for public health emergencies are still incomplete,leading to many problems in practice.This article sorts out the status of legislation and regulations of the emergency expropriation compensation system for public health emergencies,and discusses relevant cases in practice,and analyzes from the legislative level the existence of inconsistent compensation principles and scope of compensation in the emergency expropriation compensation system for public health emergencies.It is not specific,the compensation standard is not uniform,the compensation procedure is not detailed enough,and the compensation and relief approach are relatively single;in practice,there is the concept of emphasizing expropriation and neglecting compensation,not fulfilling the obligation of notification in time,and the legitimate rights and interests of the expropriated subject cannot be effectively obtained Security and other issues.By drawing on the user experience of foreign countries in solving related problems and combining with my country’s reality,this article proposes from the legislative level the unified compensation principles,clarification of the scope of compensation,unified compensation standards,detailed compensation procedures,and enrichment of compensation and relief measures,etc.,and proposes changes from the practical level.The concept of emphasizing expropriation and negligence of compensation,paying attention to fulfilling the obligation of compensation notification,and earnestly protecting the legitimate rights and interests of expropriated subjects,to improve my country’s emergency expropriation compensation system for the public health emergencies.
Keywords/Search Tags:Public health emergency, Emergency expropriation compensation, Current situation, Problems, Countermeasures
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