The Way To Improve The Compensation System For Emergency Expropriation

The outbreak of COVID-19 at the end of 2019 is not only a serious challenge to China’s public health system,but also a challenge to the administrative power of our government.As one of the means to solve public health emergencies,emergency expropriation plays an important role in the prevention and control of the COVID-19.As a supporting system,the improvement of emergency expropriation compensation system is imperative.In the research of the concept of compensation for emergency expropriation,expropriation is different from the former two in terms of the nature of the object,the paid nature of the behavior,and the degree of punishment of the object.And based on the particularity of emergency expropriation,we can reflect on the following points: first,its particularity in the administrative expropriation system,second,its need to take the emergency caused by public emergencies as the premise,third,the administrative subject exercises the right of emergency expropriation,and fourth,it is an important part of the emergency material security system.In terms of the theory of the compensation system for emergency expropriation,the theory of vested rights is the premise for the state to compensate the expropriated subject;The fair burden theory demonstrates the legitimacy of the state’s compensation for the expropriated subject due to emergency expropriation;The theory of special sacrifice is very persuasive in explaining the compensation for emergency expropriation;Results The theory of liability is the theoretical basis for the identification of compensation for emergency requisition.In terms of the research on the compensation system for emergency expropriation outside the country,France,Japan and other countries are typical civil law countries,and have also stipulated the relevant contents of emergency expropriation compensation in the administrative law.These countries have both similarities and characteristics in the design of specific rules for emergency expropriation compensation,which provides a good reference for improving China’s emergency expropriation compensation system,such as setting up a special evaluation agency,enriching the relief channels of the expropriated subject,and so on.From the perspective of the current legislative situation of China’s emergency expropriation compensation system,China’s emergency management legislative model is mainly "one case one legislative model","incomplete legal reservation model","vertical centralization+horizontal autonomy model".Through sorting out the legislative form and content of the central and local governments and analyzing the practical work,we find the problems in China’s emergency expropriation compensation system,It mainly includes the imperfect legal system of emergency expropriation compensation,the unclear authority of expropriation compensation subject,the unclear compensation scope and compensation standard,and the lack of compensation procedures.In contrast to these problems,China’s emergency expropriation compensation system should be improved from the following aspects: first,improve the legal system of emergency expropriation compensation,second,clarify the subject of expropriation compensation,third,clarify the scope and standard of emergency expropriation compensation,and fourth,fill the procedural gap of emergency expropriation compensation.