Improvement Of Emergency Requisition System Under Emergencies

In recent years,novel coronavirus pneumonia,heavy rain and other emergencies frequently occur,and the national government is facing tremendous pressure of emergency management.In order to effectively deal with the crisis,emergency expropriation has become an emergency measure for the government to deal with emergencies.Emergency expropriation for emergencies has its particularity such as urgency.It has its legitimacy based on four aspects: the source of power of national emergency power,the priority of public interests,the value pursuit of the realization of benefit principle and the derogation of civil rights.However,at present,there are no special provisions on the system of emergency requisition in China,and in the actual process of emergency expropriation,the government abuses its power by taking advantage of its power superiority and arbitrarily expropriates public and private property and personal services.The subject of expropriation is not unified,the legal procedures are not standardized,and the compensation mechanism is not perfect.On the one hand,it seriously restricts the efficiency of emergency expropriation,on the other hand,it is not conducive to protecting the legitimate rights and interests of the expropriated.In the long run,it is not conducive to the improvement and development of the emergency expropriation system.Therefore,it is necessary to unify the subject of emergency expropriation and endow the social emergency forces with the necessary right of emergency expropriation;Learn from foreign emergency requisition procedures and refine the specific contents of China’s emergency requisition procedures;The scope of state-owned assets,intangible assets and intellectual property requisitions shall be clearly defined;Unified compensation standards and principles,combined with the actual needs of the expropriated,take diversified ways to compensate,so as to improve China’s emergency expropriation system,ensure the country to respond to the crisis more timely and efficiently,and better safeguard the legitimate rights and interests of the expropriated subject.