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The Research about the Construction and the Perfection of the Public Emergency Legal System in China

Author: XiaSongLin
Tutor: ZhangQianYuan
School: Northwest University for Nationalities
Course: Constitutional and Administrative Law
Keywords: legal emergency crisis emergency management legal system
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 1
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Abstract


In recent years, all kinds of the emergency incidents happened one after another in China, such as, SARS, bird flu, coalmine accidents happened frequently, typhoon Krosa-striken, snow disaster, Wenchuan earthquake,“3.14”riot in Tibet, Swine flu, etc. There are more and more emergencies, how to deal with effectively, assembles the personnel, the finance and various aspects conduct to assist, which became an important topic related to society stability and development in our country. The goal of this topic is to cope with unexpected emergencies and minimize the loss of the state and people, through the research on the legal management system about the emergency, related to reality environment in china to find out the suitable improvement programs and further improve the construction of the legal system about the emergency and management system.This article is mainly through the research on the progress and background of several more serious emergencies in recent years in China. Concluding the rule and property of the common emergency in China and finding the shortage of the emergency response legal system and management system in China. In the research method, it used to turn to a dictionary, comparative analysis and system analysis, etc. Finally, put out the law and system suggestion suitable to a series of the emergency management in China and analysised the feasibility. The main contents as follows:Firstly, concern about the problem of the constitution and administrative law in the emergency management. Starting from the substantive, such as, basic human rights, the right to know of the citizen, the protection of the rights and relief, etc and linking the connection, acquisition and other procedural rights to construct the fundamentals of the law of the emergency response legal system.Secondly, in the construction of the legal system, put forward the fundamental principle of the construction of the emergency response legal system and the incompletion of the pressure of the legalization of the legal and law, like“The Emergency Act”, minimum information to be included, necessity for making legal and law.Thirdly, in the conception of the legal mechanism and system, point out that establish the effective government’information transmission system, regularized construction after the incidents.At last, through the research on the article, the author wishes that the construction about the relative emergency response legal system go into the new level.

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