略论我国社会预警和应急管理法律体系的现状及其完善

我国已初步建立以《突发事件应对法》为基本法、大量单行立法与之并存的应急管理法律体系,但形式上仍需加强统一立法,制定统一的《紧急状态法》和《灾害救助和补偿法》等法律;内容方面应当重视程序制度建设,包括内部程序制度化和将民众参与纳入应对机制,扩展行政指导等柔性执法方式在危机应对中的应用,建立灾害保险制度,完善灾害救助和补偿制度等。

On Status Quo and Perfection of China's Social Early Warning and Emergency Management Legal System

Although China's emergency management legal system has been initially formed by Act of Tackling Emergency as well as plenty of separate laws,it still lacks a uniform act in form,such as a uniform Emergency Condition Act or Disaster Relief and Compensation Act,of which contents focus on procedure system building,including internal procedure institutionalization and external participation,more use of flexible enforcement approaches such as administrative guidance in tackling the crisis and establishment of a disaster insurance system,as well as perfection of disaster relief and compensation system.