Research On The Legal System Of Emergency Expropriation In Emergencies

In recent years,the frequent occurrence of emergencies has caused huge losses to the lives and property of the Chinese people,posing a challenge to China’s ability to respond to emergencies.The occurrence of emergencies often requires the country to stabilize and restore normal social order in the shortest possible time,which often requires a large amount of manpower,material resources,and financial resources.However,the contradiction is that the country’s ability to respond to emergencies is limited,so emergency requisition has become one of the most effective means to respond to emergencies.In the process of responding to emergencies,a large number of buildings,places,and facilities have been requisitioned,which to some extent solves the problem of emergency response.However,in the implementation process,certain legal system shortcomings have also been exposed.In view of this,it is necessary to sort out and summarize the legal system of emergency expropriation in emergencies,in order to provide legal protection for the specific practice of emergency response by improving its existing problems.In order to improve the legal system of emergency expropriation in emergencies and fully leverage its positive role in emergency response,following the approach of "current situation analysis-proposing existing problems-solving problems",based on the current legal norms of emergency expropriation at all levels in emergencies,this study explores how to unify the national and local level legislation and the construction of emergency expropriation legal system in emergencies:Firstly,by reviewing the legislative achievements and practical status of the legal system for emergency expropriation in emergencies,it can be found that there are relevant provisions on emergency expropriation in response to emergencies at various legislative levels,including the Constitution,laws,administrative regulations,local regulations and rules.These provisions provide a legal basis for the implementation of emergency expropriation in emergencies;at the practical level,emergency requisition,as an emergency response measure,has played a positive role in emergency response and provided some successful experiences for the application of the legal system of emergency requisition in emergencies.However,there are also some chaos,such as the "Yunnan Dali Mask Requisition Incident" that occurred during the epidemic.Secondly,by analyzing and summarizing the current situation of the legal system for emergency expropriation in emergencies,it can be found that there are still some institutional shortcomings in the legal system for emergency expropriation.Specifically,there are issues in both legislative content and compensation mechanisms.Firstly,in terms of the legislative content of expropriation,there are issues such as the lack of specific provisions for emergency state declaration,disputes over the eligibility of government functional departments and emergency command agencies,vague object scope,and incomplete procedural provisions;secondly,in terms of subsequent compensation mechanisms,there are inconsistencies in the principles,scope,and standards of compensation,as well as incomplete procedural provisions.Finally,based on the research and analysis of the existing problems in the legal system of emergency expropriation in emergencies,targeted improvements and solutions will be made to address these issues.Among them,the legislative content of the legal system for emergency expropriation in response to emergencies can be refined by clarifying the activation mechanism of emergency states as a prerequisite for implementing emergency expropriation in emergencies,unifying the subject of emergency expropriation in emergencies,accurately defining the scope of emergency expropriation objects in emergencies,and improving the procedural provisions for emergency expropriation in emergencies.In response to the issue of compensation mechanisms for emergency expropriation in emergencies,it is necessary to improve the compensation mechanism for emergency expropriation in emergencies through both physical and procedural aspects,unify the specific compensation rules for emergency expropriation in emergencies,and also consider fairness and efficiency in procedural aspects.