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Study of administrative liability in the event of an emergency

Author: DuanZhengJun
Tutor: PanWeiJie
School: Fudan University
Course: Legal
Keywords: Emergencies Government responsibilities Basic rights Improvement
CLC: D922.1
Type: Master's thesis
Year: 2012
Downloads: 70
Quote: 0
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Abstract


In recently years, China has clearly entered into a period of high frequency of crisis. Public safety incident:the’SARS" in2003has sent us a warning for China’s lack of abilities to cope with emergent events. From the Sichuan earthquake, to the regional mass incidents, from the salt shortage, to the mine disaster, incidents have caused huge casualties and property losses. It has put the government’s the capacity of early warning, disaster relief and other emergencies actions into the test. From the recent incident in fact, our government already has the ability to quickly respond to emergencies, the reason lies in the implementation of the responsibilities system at all levels of regional governments, however, unexpected events bears the characteristics of difficulty to predict. We must continue to gain experience and improve the government responsibility system in the practice to maximize the reduction of damage brought by unexpected events.It is the basic requirement for the government to exercise the public crisis administration right according to law. Emergent incidents are unconventional events, the legitimacy of the government’ operations is crucial in the emergency management process. In a lawful country, under the state of crisis, the government’s abilities to follow the principle of proportionality and legitimate exercise of emergency powers to protect the basic rights of citizens are particularly important. Currently, our emergency regulations have been put forward, information disclosure system progresses significantly, the related accountability system is also gradually established. Compared with the emergency systems of other countries around the world, the emergency response system in China need further improvement. China is in urgent need to develop "emergency law". In addition, the information disclosure system, financial support channels, the public support system, are also urgent to establish and improvement.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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