Research On Legal Issues Of Emergency Requisition Objects In China

Emergency administrative requisition can effectively make up for the shortage of emergency reserves under emergency conditions.However,the legal system of emergency administrative requisition objects in China has the following problems:First,the general rules on the requisition of tangible objects have led to frequent practical disputes;second,the lack of provisions on the requisition of intangibles has failed to meet practical needs.Taking epidemic prevention and control as an example,in order to ensure the efficient and orderly development of emergency administrative requisition work,the legal system of emergency administrative requisition objects should clarify that the objects of emergency administrative requisition include tangible and intangible objects.From the perspective of tangible objects,the controversial state-owned property,consumables,and residential office spaces with commercial value in the practice of epidemic prevention and control are all subject to emergency administrative requisition.However,the administrative subject’s emergency administrative expropriation rights for the above tangible objects are subject to the following restrictions: First,they can only expropriate state-owned property that enters the market;second,expropriation and consumption can only be made when the market mechanism cannot be adjusted and the expropriation cannot be achieved;third,the residence and office space with commercial value should be the last choice when selecting the expropriation site.From the perspective of intangibles,both property rights and labor services can be included in emergency administrative requisition objects.However,in order to effectively protect the legitimate rights and interests of the expropriated persons: First,the expropriation and compensation of property rights such as intellectual property rights and public utility franchise rights can be comprehensively considered market value standards and additional compensation standards;second,for the expropriation of labor services,the professional,ability,physical condition and family situation of each individual should be considered comprehensively,and labor services that are not suitable for expropriation should be excluded,and fair compensation should be given to the expropriated person according to the corresponding special compensation mechanism.