Study On Administrative Emergency Requisition System In Public Health Emergencies

In order to effectively respond to public health emergencies,administrative organs have implemented a large number of emergency measures.As a typical emergency measure,administrative emergency requisition is particularly critical for controlling the epidemic situation and cutting off the source of virus infection in time,but we can’t deny that there are some chaos in the implementation of administrative emergency requisition.Most of the provisions on administrative emergency expropriation are relatively principled and abstract,lacking clear and feasible operating procedures and processes,lacking systematic construction,and few provisions on compensation measures after expropriation.Only a few provinces have introduced special compensation measures for administrative emergency expropriation.In the actual expropriation process,the expropriation subject is chaotic,the scope of expropriation target is unclear,the expropriation procedure is not standardized,the compensation method is single,the compensation standard is not clear,the reasonable demands of the expropriated person are not considered in the emergency expropriation process,and there is excessive expropriation,which damages some rights of the administrative counterpart to some extent.In the process of judicial review,the judicial organs are not willing to review the administrative emergency expropriation,the function of legality review is limited,and the review points and standards of rationality review and emergency review are not unified,which leads to differences in the judgment results of various courts.From the perspective of administrative law,based on the examples and experiences in the fight against the epidemic in Covid-19,this paper combs the legislative process at the central and local levels in China,discusses the problems existing in the law enforcement and judicature of administrative emergency requisition in China,and measures the positive effects of the government’s implementation of administrative emergency power on citizens’ right to life and health,public interests,social order maintenance and the degree of infringement on citizens’ private rights.It also analyzes the necessity of the government’s emergency expropriation and the compensation situation after the government’s emergency expropriation,so as to provide legal and reasonable suggestions for improving the administrative emergency expropriation system in public health emergencies in China.On the way of thinking,due to the different systems of foreign countries and China,the systems and mechanisms of government prevention,control and rescue are different.Therefore,this paper mainly focuses on compensation methods for foreign administrative emergency expropriation,and puts forward reasonable suggestions on the implementation and judicial review of administrative emergency expropriation in public health emergencies based on China’s history and reality.The text of this paper is divided into introduction and four chapters.The introduction is an explanation of the full text,which mainly expounds the background,research ideas and methods,research emphases and difficulties,and research significance of this paper.The first chapter is mainly the theoretical basis of the administrative emergency requisition system.Firstly,it expounds the connotation and extension of administrative emergency requisition,analyzes the differences between administrative requisition and administrative emergency requisition,and the four principles that should be adhered to in the implementation of administrative emergency requisition: emergency rule of law principle,proportionality principle,human rights protection principle and information disclosure principle.Chapter 2 mainly introduces the current situation of the administrative emergency requisition system in public health emergencies,and analyzes the legislative forms and levels of laws and regulations,and the current situation of various laws on the subject,object,standard,principle and method of emergency requisition.The current situation of judicial review includes two parts: the first part analyzes the basic situation of administrative emergency requisition judgment documents,and the second part summarizes the experience of judicial review of administrative emergency requisition,including the experience of specific content and technology.Chapter 3 is an analysis of the problems of administrative emergency requisition system in China’s public health emergencies,including the broad subject of emergency requisition,the generalization of administrative emergency requisition objects,the imperfection of emergency requisition procedures,the lack of clear compensation standards,the unobstructed relief channels,the difficulty for administrative reconsideration to play its role effectively,the weak will of judicial review by the court,and the limited function of conventional formal review standards.Chapter 4 puts forward some suggestions on improving the system of administrative emergency requisition in public health emergencies in China: First,improve the legal system of administrative emergency requisition in public health emergencies,including amending the relevant provisions of the Emergency Response Law and the Infectious Disease Prevention Law,stipulating some transitional measures before formulating the Administrative Compensation Law,and authorizing local "secondary legislation".The second is to define the subject scope of administrative emergency requisition,including the scope of decision subject and the scope of execution subject.The third is to expand the scope of administrative emergency expropriation:specifically,it includes defining the private property of expropriated property,defining labor,consumable materials and production capacity as the types of emergency expropriation,and stipulating the consultation and mutual assistance mechanism for cross-regional expropriation.The fourth is to refine the compensation principles and standards: specifically,it includes clarifying the compensation premise,clarifying the compensation principles,exploring diversified compensation methods,and improving the compensation standards.The fifth is to formulate the standardized procedures of administrative emergency requisition,including improving the startup procedures,execution procedures and compensation start-up procedures of administrative emergency requisition.Sixth,smooth the relief procedure of administrative emergency expropriation: the relief procedure starts from two ways: administrative relief and judicial relief:the administrative relief way is mainly administrative reconsideration system,and the post-hearing procedure is more suitable for expropriation compensation.In the aspect of judicial relief,a triple relief procedure is constructed,including administrative reconsideration in the pre-litigation procedure and expanding the scope of accepting cases;Constructing triple examination standard and burden-sharing mechanism in the procedure of litigation;Post-litigation procedure pays attention to administrative compensation and compensation,and adheres to the referee idea of resolving disputes in substance.