China should establish a major natural disaster prevention and relief legal system

Chen Jierong

(Law School of Sichuan University, doctor of law, applied economics postdoctoral)

This past 2008, in China, is extremely unusual year, only major natural disasters (hereinafter referred to as the disaster) a, that is, the South snowstorm early in May 12th Wenchuan earthquake in sichuan...... Rescue action occurs and the government disaster, all show "emergency response law of the people's Republic of China" has played a role of law should be, but a principle, there are also some content (no provisions on foreign aid organizations rescue), and the government in dealing with the "5 · 12 Wenchuan earthquake" and there have been some new situations, and has taken some new measures, all of these, we need to establish our legal system of disaster prevention and relief.

In the face of "5 · 12 Wenchuan earthquake" such disaster, establish administrative responsibilities clear, disaster prevention and relief system in place is very important. Through legislation, actively carry out disaster prevention and relief work toward functional, specialization, the direction of development, to strengthen the disaster prevention and relief organization; through legislation, to strengthen the disaster prevention and rescue equipment, scientific, efficient, standing, in order to strengthen disaster prevention; through legislation, a clear government the functional departments of the disaster the timely collection of information, accurate release, update, clear responsibilities of the government in the face of disasters, and the staff of the disaster, in order to strengthen the administration and staff of disaster emergency measures; through legislation, in the rescue work after the end even in the rescue work at the same time, organization of post disaster reconstruction, in order to promote post disaster reconstruction, restoration of people's livelihood.

In the disaster prevention and relief legal system, clear the law in the socialist legal system, in the special law position, has the legal characteristics of priority; applicable object of the law, stressed that all departments of the State Council and local governments at all levels to apply object disaster prevention and rescue method, i.e. the method is mainly the competent authorities of the central government and local government regulation, in the prevention and relief of disasters in behavior, therefore, strengthen the central and local government responsibility in the disaster prevention and relief, powers and responsibilities, the task to the gang, the responsibility to the people.

Disasters, particularly is similar to the "5 · 12 Wenchuan earthquake", although is unpredictable, but similar to America "hurricane Katrina" have the predictability, therefore, respond to disasters should give priority to prevention before the disaster, disaster relief based heart should be based on both the post disaster reconstruction, so, disaster prevention and relief legal system important content should include information management and disaster prevention, disaster response and government power, disaster rehabilitation and reconstruction and the corresponding legal liability four aspects. In particular, these contents include:

A, disaster prevention and relief organization legal system

Any legal countermeasures to deal with sudden public events, the organization is the premise, information is the key. The organization system, response to the devastating natural disasters of the longitudinal, including central and local disaster prevention and relief organizations, for example, members, disaster prevention and Relief Committee set up by the State Council or provincial government and the work of the Commission rules. The transverse part, including disaster response command (central and local), specializing in disaster response decision, disaster emergency command center, specializing in decision-making, disaster rescue search and rescue team, specializing in emergency search after the disaster and emergency rescue, disaster search and rescue training center, special disaster search and rescue training and education, National the disaster prevention education research and Training Center for search and rescue personnel, specializing in the integration of national disaster defense self-help mobilization and official aid agencies, between the army and rescue volunteer rescue organization, coordination and cooperation work.

Two, disaster emergency legal system

In January 8, 2006, the State Council issued the "overall contingency plan" national sudden public events, the administrative regulations of the government in the crisis management process of national disasters and other public emergencies, plays a central role. From our country has occurred, such as the SARS epidemic in Chongqing "blowout" event, "bird flu", the south snow disaster and other major public emergencies experience, there is no plan or plan scientific nature, feasibility and the government emergency effect has a direct causal relationship.

The government's response to the disaster emergency system include: disaster prevention and relief of basic plans and prevention of disasters and rescue service specific plans, national or industry including the State Council and its ministries and commissions of disaster prevention and relief plan system and the governments at all levels of disaster prevention and relief plan system area. The key content of each plan includes: disaster prevention related matters, the disaster emergency countermeasures related matters, post disaster restoration and reconstruction related matters, other administrative organs and other departments that necessary items. However, it must be emphasized that, the administrative organ pursuant to other laws made of disaster prevention and relief plan and disaster prevention and relief of the relevant provisions, and shall not the provisions of this Law contravene the plan system.

Three, the legal system of disaster prevention

The face of natural disasters, prevention is the key. For example, "the law of earthquake prevention and disaster reduction China" people's Republic of china. The main contents of disaster prevention legal system including:

(a) disaster prevention and mitigation system. Including the disaster prevention and relief of education, training and related knowledge popularization system, disaster prevention and relief of scientific and technical research results rapid application system, land and resources management behavior, such as to stop deforestation, afforestation, desertification, soil and water conservation, flood control facilities, construction of system of old buildings, public buildings, especially in disaster prevention and rescue facilities, such as shelter construction and related equipment inspection and renewal of city disaster prevention system, improving the functions of the system, and disaster prevention and relief related meteorological, geological, hydrological and other related data collection, observation, analysis, forecasting and other related equipment configuration system, all levels of government and other prevention and disaster relief organization's mutual cooperation and coordination work plan system of disaster prevention, disaster prevention, community self-help organizations volunteer organization and its activities related to disaster prevention and relief system, vulnerable groups of the necessary items for disaster prevention system, information exchange and international cooperation system, other disaster prevention and rescue system. Of course, particularly important is regularly reviewed, disaster prevention and relief plan to have drawn up the revision and implementation of the system.

(two) for disaster prevention and relief system. Including the disaster prevention and relief organization and work system, disaster monitoring, forecasting, disaster release and related facilities system, disaster prevention and relief supplies, equipment reserve and inspection system, disaster prevention and rescue facilities, equipment and inspection system, prevent disaster contingency measures to improve the system, matters an international relief organization support and cooperation system, disaster prevention and rescue training exercise system, other emergency preparation system.

(three) training and exercise system. Governments at all levels and the relevant departments shall timely implementation of disaster prevention and rescue training and exercises, other agencies, departments and relevant personnel, residents and schools, groups, companies, factories and other departments have jointly participate in or assist the walkthrough obligations.

(four) the responsibility system. Governments at all levels and the relevant departments shall full-time personnel for disaster prevention, the specific implementation of disaster prevention, the responsibility to the gang to the people.

Four, the legal system of disaster response

Once the disaster occurs, the important work is to respond to disasters, the disasters caused by the social public life and property losses to a minimum or tolerate within. The legal system includes disaster response:

(a) the implementation of the system of measures. Disaster information release, delivery, response to the alert, victims evacuation, rescue and evacuation advice, disaster collection and loss investigation system, emergency rescue, emergency medical services and delivery of therapeutic system, victims in temporary shelters, victims of disaster relief materials and drinking water supply system, social relief and vulnerable groups of special protection, health and epidemic prevention system, food hygiene inspection and Quarantine of food hygiene and safety system, the victims body encoffining and artifacts of the inspection system, water, agriculture, civil aviation, highway, railway, port, gas utilities and oil pipeline, transmission circuit, telecommunications, water and other public facilities repair system, fire, flood and other disaster prevention equipment strain system, dangerous goods, facilities, equipment, strain treatment system drift, float, sunken and other rescue goods storage processing system, dangerous building emergency identification and hazard identification settings, system and other secondary disasters prevention system.

(two) the legal measures to deal with the system. Designate a certain area for the warning area, restrict or prohibit the people enter or leave his life; announced the traffic control, specify the path interval, restrict or prohibit vehicles; in the affected areas to take other maintain order and crime prevention and punishment system, in accordance with the others and disaster related materials manufacturing, transport, sale, storage to take expropriation, life in storage, can also assign personnel to hold the expropriation of relevant place inspection and supervision system, folk or other organs relief apparatus, vehicle or aircraft, land, buildings, structures and other objects system, give priority to the use of or expropriation of news communication media and communications equipment, collection or dissemination of disaster or emergency response correlation information system, implement compulsory removal of dangerous buildings, structures, to the disaster site obstacles mandatory removal system, called relief related specialized occupation and technical personnel to participate in or assist the relief system, the public or other staff found a disaster, or a greater disaster, or a disaster may sign, should take the initiative to the public security and other related authorities, government departments and their staff At present, there is possibility that calamity or disaster, should take the initiative to collect, transmit relevant disaster information and quickly take the necessary measures of legal system. If especially serious disaster, the government according to the "constitution" and the law, has declared a state of emergency or regions into, namely the emergency legal measures of equipment system.

(three) the establishment and operation system of disaster emergency command center. The center of the composition of personnel system, all levels of disaster response center was established, according to the command of the decision, command, coordination and integration of work by the centre responsible for disaster relief. The levels of disaster command center shall have a fixed place to work, disaster prevention and relief device equipped with full, and regular job training, when necessary, can also be set in the workplace disaster scene, emergency command center shall be the workplace and contact information to the public easy open manner.

(four) the command staff system. Disaster emergency command center shall command coordination integration of each marshalling authorities against disaster, command handling coordination of government organs and the people's Liberation Army, the armed police, public security and fire, the militia reserve personnel and volunteer organizations such as disaster relief work, have the right to decide or change the relief measures, also can apply to the superior department assigned staff to assist in the work, the deployment of related material assistance system.

(five) the resettlement of victims, remedial system. According to the "5 · 12 Wenchuan earthquake" disaster relief to the victims of earthquake experience success, placement, to take government centralized resettlement with relatives and friends together, with temporary resettlement and permanent placement phase system, in a disaster recovery, take government aid and social donation, relatives and friends support and insurance combination, for the victims the loss of life and property, to remedy the victims as soon as possible, to return to the state of daily life.

Five, post disaster reconstruction of legal system

The reconstruction process including the temporary placement, reconstruction of preparation and comprehensive reconstruction in three stages. Makeshift stage, including medical and psychological assistance, temporary accommodation, prevention of secondary and induced disasters, restore social order, a temporary resumption of production order system; reconstruction of the preparation stage, mainly by the disaster assessment, geological survey, planning and reconstruction planning work of four aspects, including: (1) reconstruction of infrastructure and housing reconstruction. Infrastructure includes traffic, communication, electric power, water supply and other lifeline engineering, and building reconstruction is painful, because "5 · 12 Wenchuan earthquake" in the collapse, the most serious damage is the school, exposed the construction quality is not high, serious lack of supervision of serious problems, these bloody lessons require reconstruction must the engineering quality problems as the focus, from the design construction supervision efforts, therefore, must establish and perfect the legal system of quality specification. (2) administrative system reconstruction. In the "5 · 12 Wenchuan earthquake", some government functionaries suffered heavy casualties, and even some government organization especially the grass-roots organization personnel structure was destroyed, which brings great influence to the disaster recovery, reconstruction for this, we must strengthen the administrative system reconstruction. (3) the economic system reconstruction. Including property reconstruction, reconstruction and reconstruction system of industrial enterprise. (4) social system reconstruction. Including reconstruction, reconstruction of community reconstruction system of family feud.

Reconstruction system of priority among priorities content is to establish security system of post disaster reconstruction: (1) the organization security system. For example, the establishment of the State Council Sichuan reconstruction Committee, responsible for planning and reconstruction work. (2) the fund guarantee system. For example, through the national finance system, temporary financial budget system, such as government bonds issued reconstruction guarantee reconstruction funds to implement. (3) the policy insurance system. For example, in the face of "5 · 12 Wenchuan earthquake", the Chinese government put forward the innovation of targeted aid policy, make a province help one hardest hit County of Sichuan Province, a department to help a supporting disaster, several provinces to help a stricken city state policy. Moreover, the government proposed "education immigration" policy, "labor migration policy", "ecological migration policy", "welfare immigration" policy, the implementation of these policies, provide the policy support for the reconstruction of disaster areas. (4) the legal guarantee system. The reconstruction of legal system construction work, an important guarantee for the reconstruction of disaster areas to create is, is also important content of the government by law, it is because of the timely introduction of the "Regulations" Wenchuan earthquake restoration and reconstruction, the reconstruction work into the legal track of benign operation, Sichuan reconstruction work is orderly and effective legal guarantee power is not strong, can't. (5) supervision and security system. Practical experience shows that, the construction must be accompanied by a large bribe, how the progress of reconstruction work, supervision is essential. We should strengthen the focus on the reconstruction of the use of funds, the implementation of reconstruction projects of government officials, reconstruction project quality assessment, reconstruction work supervision. (6) the information security system. The government should allocate the national reconstruction the use of funds, social donation reconstruction funds and the reconstruction of the materials used and the flow, the government reconstruction, reconstruction of decision-making information, continue to open to the community, innovation transfer smoothly through the mechanism of information disclosure and information, enable people to become active participants in the reconstruction of disaster areas and the faithful guardians.

Six, the legal liability system

In the disaster prevention and relief work, poor performance of staff, should be of a certain administrative, civil, criminal liability, so as to ensure the effective implementation of the national disaster prevention and relief legal system.

In short, the coping process "5 · 12 Wenchuan earthquake", we should sum up experience, to "do not rely on disaster does not come, it relies on the us to" spirit, establishes a set to conform to Scientific Outlook on Development, can practice of the concept of administration by law, accountability, and can adapt to local disasters the prevention and relief of disaster prevention and relief legal system, Time will not wait for me.

(The paper published in the "procuratorial daily" December 5, 2008)