Legal Regulation Of Administrative Requisition In Emergency Response

The suddenness and unpredictability of emergencies,as well as the limitation of national emergency reserves,determine the necessity of administrative expropriation in response to emergencies.The implementation of administrative expropriation can effectively respond to emergencies,but it is also easy to cause damage to the property rights of the expropriated.The reason is that our country's current relevant system is very imperfect,and there are problems such as unclear subjects and targets of expropriation,imperfect expropriation procedures and compensation systems,etc..In order to reduce the risk of abuse of requisition rights,the determination of the requisition subject should be cautious,and the scope of the requisition subject should be strictly limited by distinguishing the requisition subject and the implementation subject to prevent it from expanding at will.The object of invocation is state-owned property,and the object of expropriation is non-state-owned property.A clear distinction between invocation and expropriation can not only better protect citizens' property rights,but also save costs and improve the efficiency of emergency resource acquisition.A sound expropriation procedure should have two functions: one is to prevent the abuse of the right of expropriation and to protect the property rights of the expropriated;the second is to simplify the expropriation procedure to meet the urgency of responding to emergencies.Expropriation and compensation are inseparable,and if there is expropriation,there must be compensation.The principle of fair compensation should be adhered to,and market standards should be referenced to compensate for direct losses and actual losses caused by expropriation.At the same time,the compensation methods for expropriation should be more abundant.