Emergency Legal Governance: A Study on Legal Issues of Emergency Response Mechanisms

Author: Han Dayuan Mo Yuchuan
Publisher:
Publishing Date: 2005-08-01
Features: The book "Emergency Legal System Theory—Research on Legal Issues of Emergency Response Mechanisms," edited by Professors Han Dayuan and Mo Yuchuan from the Constitutional and Administrative Rule of Law Research Center, was published by the Law Press in August 2005. It is the final outcome of a sub-project under the National Social Science Fund Special Commissioned Project and the National Natural Science Foundation Special Fund Project, as well as the State Council Legal Affairs Office Special Commissioned Project, both of which were led by the two professors. The book consists of five parts: Preface, Part One, Part Two, Part Three, and Appendices, totaling 580,000 words.
The Preface is the main report of the project, providing an overview of the basic concepts and characteristics of emergency legal systems, the current status, features, and trends of emergency legal systems abroad, an analysis of the current situation and countermeasures of emergency legal systems in China, and proposing some basic research conclusions and improvement suggestions. Part One focuses on theoretical research on emergency legal systems, discussing research methods, basic categories, fundamental principles, main functions, and legislative models of emergency legal systems. It also offers the authors' perspectives on controversial and weak areas in theoretical research on emergency legal systems. Part Two is an empirical study on emergency legal systems, examining the current status, features, and trends of crisis management and emergency legal systems in countries such as the United States, Canada, Australia, the United Kingdom, France, and Russia. It emphasizes the institutional positioning, historical development, and current evaluation of China's emergency legal systems, analyzing China's emergency response system, mechanisms, and specific institutions. Based on this, it proposes goals, principles, priorities, and countermeasures for the development of China's emergency legal systems. Part Three is a case study on emergency legal systems, focusing on the impact of the SARS crisis on Chinese society and economy and the legal response mechanisms. It conducts in-depth research on issues such as the protection of citizens' civil and property rights and the use of administrative guidance measures during the SARS crisis management, proposing solutions. The Appendices include the "Emergency State Law of the People's Republic of China (Draft Proposal by Renmin University of China Experts)" and its drafting explanation, an analysis report and questionnaire sample of "Non-SARS Prevention and Control Measures," an overview of emergency management institutions and civil defense and disaster management in some countries, the first Chinese translations of emergency laws in some countries, and key references for emergency legal system research, among others.
The authors have conducted specialized analyses in the aforementioned areas, drawn research conclusions, proposed solutions, and provided references. This book holds significant theoretical reference value and practical guiding significance for correctly understanding, gradually improving, and conducting in-depth research on China's emergency legal systems. It is suitable for the staff of national agencies, enterprises, public institutions, social organizations, experts and scholars from teaching and research institutions, as well as informed individuals and students concerned with the development of China's crisis management and emergency legal systems for reading and reference.