| A novel coronavirus pneumonia outbreak occurred in China in early 2020,Wuhan.In the case of emergency,the government used the means of requisition to mobilize local materials to support Wuhan.However,there are many problems in the process of expropriation,which exposes the extremely imperfect current situation of the current expropriation system in our country,and the expropriation case of university dormitory has become a typical one.There are many problems in the process of college dormitory requisition.This paper puts forward and analyzes the problems from the following aspects:1.Distinguish the administrative action of college dormitory is expropriation or mobilization.There are no clear provisions in the Constitution on whether the expropriation of state-owned property and private property can be applied.However,there is no clear provision to prohibit the expropriation of public property.As it is related to whether compensation is needed afterwards,it is necessary to distinguish between expropriation and transfer.Through the analysis of the legal level and the property nature of the dormitory,we can get a relatively reasonable answer.2.Is the subject of expropriation right the government or the government department.Through the principle of "new law is superior to old law","special law is superior to general law" and the rules between "new general law and old special law",this paper analyzes the effectiveness of "Emergency Response Law" and "Infectious Disease Prevention and Control Law" respectively,and finally selects the law that should be based on for college dormitory requisition under the epidemic situation.3.In the process of expropriation,is the relationship between the administrative subject and the university staff administrative entrustment or labor expropriation.Based on the analysis of the meaning of administrative entrustment and labor requisition,combined with the analysis of real cases,this paper finally determines the nature of the behavior and whether it is necessary to give compensation to the staff of the expropriated University.4.Compensation or compensation should be applied to students’ property loss.Through the analysis of the definition and scope of application of compensation and compensation,and explore whether there is an obligation to protect the third party’s property rights and interests in the process of expropriation,combined with the most favorable way for students to claim compensation,judge whether to apply compensation or compensation.5.There are not only bad phenomena but also good ones in the cases of college dormitory requisition.Some college staff carefully pack students’ articles,label them and keep them carefully.This kind of behavior is obligation or kindness,whether colleges and universities have the obligation to keep the packed student property,this problem is analyzed from the perspective of contract relationship.Many problems in practice are the reflection of the lack of requisition system.This paper hopes to start with the obvious problems of the expropriation system in the case of college dormitory expropriation under the epidemic situation,by using the methods of case analysis,comparative study and empirical study.This paper analyzes the deficiency of the current expropriation system and its performance in practice,and compare the provisions of the expropriation system in the laws of other regions,draw lessons from the application of the laws of other regions,and put forward some suggestions on the improvement of the current expropriation system in China. |
