Research On Legislation Of The Natural Disaster Prevention Law

With the establishment of the Ministry of Emergency Management and the reform of the disaster prevention,mitigation and relief system and mechanisms,the rule of law for natural disaster prevention and control in our country has been further developed and improved.The current natural disaster prevention and control legislation has formed a legal system with separate law groups as the main body and regulations as a supporting system.However,there are still the following problems: In terms of external form,The comprehensive law level is manifested in the lack of a comprehensive and basic law as the commander,the legislative model of "one matter,one law" at the level of individual law leads to decentralized legislation and lack of thoroughness;at the core,at the conceptual level,the concept of natural disaster prevention and control is backward,and in the system level,before the institutional reform,due to the "administrative departmentalization" of the legislation,different laws and content conflicts were caused.The formulation of the "Natural Disaster Prevention Law" is conducive to the implementation of the Party Central Committee’s decision and deployment,strengthening the legal protection of disaster prevention,mitigation and relief,and promoting the modernization of disaster management capabilities and governance systems.The "Natural Disaster Prevention Law" is based on Xi Jinping’s important discourses on disaster prevention,mitigation and relief with Chinese characteristics,risk society theory,and holistic governance theory,and takes the protection of people’s lives and property and safeguarding national security as the value orientation,filling the legal gaps and stipulate the basic principles and basic systems of natural disaster prevention and control,Promoting the development of comprehensive disaster prevention,mitigation and relief mechanisms as the legislative function.As a basic and comprehensive law in the field of natural disaster prevention and control law,it is an administrative law that is biased towards the field of ecological and environmental protection.The basic principles of the "Natural Disaster Prevention Law" mainly include the people-oriented principle,the principle of focusing on prevention,the principle of combining prevention,reduction and rescue,and the principle of coordinated governance.When designing a specific system,according to the sequence of natural disaster prevention and control,the entire process was divided into the prevention and preparedness phase,the emergency treatment and rescue phase,and the recovery and reconstruction phase,and the basic systems for each phase were constructed.