Research On The Compensation System Of Administrative Emergency Expropriation In My Countr

No matter which country or region in the world,various emergencies such as public health incidents and natural disasters are always unavoidable.In order to stabilize the social order within a certain period of time and eliminate the state of emergency,the supply and guarantee of materials is of vital importance.When there is an urgent need,it is necessary to expropriate private property.In a state of emergency,it is necessary to maximize the capacity of the public system in a short period of time.Generally speaking,the government will use emergency material reserves as a relatively stable foundation firstly.However,the scale of emergencies is difficult to predict,and subject to factors such as government budgets,the scale of material reserves in advance is limited,and there is often a gap between the actual demand.After a large-scale emergency occurs,it is impossible to meet the needs of emergency response only by relying on material reserves.At this time,it is necessary to extensively mobilize social forces and expand the supply channels of emergency materials.The administrative emergency requisition for citizens and units is an efficient and feasible material raising measure.In the process of expropriation,the expansion of public power will inevitably lead to the contraction of private rights.For the special sacrifices made by the requisitioned subjects,it is necessary for the administrative organs to make fair and reasonable compensation after the emergency response is completed.Under normal circumstances,national public law delimits the boundary between public and private rights,and emergencies challenge the stability of the law.Under abnormal circumstances,this boundary must be adjusted through emergency legal norms.The response to the general principle and emergency principle of administrative law is exactly the legislative logic of administrative emergency requisition and compensation.Different from normal administrative expropriation,emergency expropriation has special features in terms of application scenarios,degree of legal regulation,and procedures,so legal regulation should also be more targeted.At the same time,for different emergencies,the objects of emergency requisition vary from case to case and from place to place.For the more special types of expropriation objects,it is necessary to make special provisions in legislation to achieve fair compensation.This paper analyzes the current situation of our country’s administrative emergency requisition compensation system.In the second chapter,I sort out and summarize fourteen laws and regulations at the national level,two emergency plans,and eighteen local regulations at the local level,five local government regulations,and five local working documents that involve emergency expropriation and compensation.The formal analysis of the legislative level of the administrative emergency expropriation compensation system in our country and the content analysis of the subject of expropriation compensation,compensation standard,compensation scope and other issues are carried out.Then I select some typical cases involving emergency expropriation compensation in judicial practice,and extract useful local experience to investigate the actual situation of emergency expropriation compensation in our country under the current system.By sorting out the laws and regulations at the national and local levels,it can be seen that at the current legislative level in our country,there are problems such as unclear compensation obligations,ambiguous compensation standards,narrow compensation scope,single method,and lack of uniform compensation period.The legislative shortcomings give the administrative agency greater discretion when exercising the emergency expropriation right,and even breed improper exercise of the emergency expropriation right,which has a serious impact on the lawful rights of the expropriated.In the implementation of emergency expropriation compensation,it is not uncommon for expropriating subjects to pay insufficient attention to expost compensation and procedural regulations to be selectively ignored by expropriated agencies.The existence of these problems prevents the expropriated persons from receiving timely and reasonable compensation,and after the completion of the emergency response work,many contradictions and conflicts have arisen.The fourth chapter proposes corresponding solutions to the problems existing in our country’s emergency expropriation compensation system.Based on the national conditions and foreign experience,the macroscopic idea of regulating administrative emergency compensation is to use the basic law and separate law.Then constructing an emergency expropriation compensation system in the "Emergency Response Law" and special law in specific fields.Firstly,clarify the division of responsibilities and powers of the subject of the compensation obligation.Secondly,determine the compensation standard through signing an ex-ante agreement on the basis of mutual consent.In the absence of prior agreement,set reasonable compensation standards by referring to the market price and usage status of the expropriated objects or introducing intermediary agency evaluations.Thirdly,focusing on monetary compensation,developing policybased preferential measures,spiritual rewards and other diversified compensation Method.Fourthly,conduct adequate pre-disaster research and comprehensive planning in practice,and regulate emergency expropriation and compensation procedures in legislation.Fifthly,establish a supervision and verification mechanism for expropriation compensation to protect the legitimate rights and interests of the counterparties of emergency expropriation.In recent years,our country has experienced several major emergencies.On the one hand,it is the process of exposing the problem.The "chaos" in the emergency response process constantly reminds us of the shortcomings of current emergency management and the problems of emergency requisition and compensation.On the other hand,it is an opportunity to gain experience.Only by reflecting on our country’s legislation and practice in the field of emergency management in the "impact-response" time and again can we be prepared and not afraid of danger.