The improvement path of administrative emergency requisition and compensation system——legislative response to emergencies in the post-epidemic era
Since the outbreak of COVID-19,emergency requisition has become one of the necessary means of emergency management.However,due to the narrow application scope of the provisions of emergency requisition in emergencies in existing laws and regulations,and the absence of provisions in a few fields,the dispute cases of emergency requisition and compensation during the epidemic have occurred constantly.In particular,the lack of superior law leads to a high degree of homogenization of local regulations and normative documents,which is not strong in operability.In practice,there are prominent problems such as unclear subject and scope of expropriation,lack of detailed provisions of regulations procedures,and vague compensation standards.Therefore,a complete legal system of emergency requisition and compensation should be established from three aspects:the pre prevention legal system for emergency requisition and compensation,the efficient and fair procedure framework of emergency requisition and post-relief mechanism of emergency requisition.In doing so,we could resolve disputes arising in the process of administrative emergency requisition and compensation,and balance the relationship between public interest protection and private rights protection in the handing of emergencies.
emergency requisitioncompensation for expropriationemergency responsecompensation systemreflection and improvement
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