The basic situation of the legal system of emergency management in China is as follows:
1. Natural disasters: mainly include water law, flood control regulations, interim measures for compensation of flood storage and detention areas, sand prevention and control law, regulations on weather modification management, regulations on military participation in emergency rescue and disaster relief, earthquake prevention and disaster reduction law, destructive earthquake emergency regulations, forest law, forest fire prevention regulations, forest law implementation regulations and grassland fire prevention regulations.
Second, accidents and disasters mainly include Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, Regulations on the Safety and Protection of Radioisotopes and Radiation Devices, Construction Law, Fire Protection Law, Regulations on the Implementation of Mine Safety Law, Special Provisions of the State Council on the Prevention of Coal Mine Production Safety Accidents, Regulations on Coal Mine Safety Supervision, Provisions of the State Council on the Investigation of Administrative Responsibility for Extraordinary Safety Accidents, Regulations on the Quality Management of Construction Projects, and Regulations on the Administration of Construction Projects. Regulations on safe production of construction projects, regulations on road transport, regulations on inland river traffic safety management, regulations on inspection of fishing vessels, regulations on river management, maritime traffic safety law, regulations on investigation and handling of maritime traffic accidents, regulations on railway transportation safety protection, regulations on electricity supervision, regulations on telecommunications, regulations on safety protection of computer information systems, Regulations on Safety Supervision of Special Equipment and Environmental Protection Law on Safety Supervision and Management of Civil Nuclear Facilities, Regulations on Management of Pollution Damage to Marine Environment by Coastal Engineering Construction Projects, Detailed Rules for Implementation of Water Pollution Prevention Law, Air Pollution Prevention Law, Environmental Noise Pollution Prevention Law, Water Pollution Prevention Law, Solid Waste Pollution Prevention Law, Marine Environmental Protection Law, Regulations on Prevention of Ship Scrapping from Pollution, Provisional Regulations on Prevention and Control of Water Pollution in Huaihe River Basin, Regulations on Prevention of Marine Pollution by Ships, Regulations on Safety Management of Hazardous Chemicals, Law on Prevention and Control of Radioactive Pollution, Regulations on Emergency Management of Nuclear Accidents in Nuclear Power Plants, Regulations on Safety Management of Agricultural Genetically Modified Organisms, Regulations on Forest Fire Prevention, Regulations on Prevention and Control of Forest Diseases and Pests, Regulations on Implementation of Forest Law, Regulations on Grassland Fire Prevention, Regulations on Nature Reserves, Regulations on Prevention and Control of Geological Disasters, and Regulations on Ocean
Three. Public health incidents: mainly including Emergency Regulations on Major Animal Epidemic, Law on the Prevention and Control of Infectious Diseases, Measures for the Implementation of the Law on the Prevention and Control of Infectious Diseases, Emergency Regulations on Public Health Emergencies, Food Hygiene Law, Entry and Exit Animal and Plant Quarantine Law, Frontier Health and Quarantine Law, Plant Quarantine Ordinance and Detailed Rules for the Implementation of Frontier Health and Quarantine Law.
4. Social security incidents: mainly including the Law on Regional National Autonomy, Martial Law, People's Police Law, Prison Law, Letters and Calls Regulations, Regulations on Handling Labor Disputes in Enterprises, Regulations on Handling Disputes in Administrative Regions, Regulations on Funeral Management, Regulations on Managing Commercial Performances, China People's Bank Law, Commercial Banking Law, Insurance Law, Securities Law and Banking Supervision Law. District law, exclusive economic zone and continental shelf law, national defense traffic regulations, militia work regulations, national defense mobilization regulations for civil transport resources, resettlement regulations for demobilized conscripts, pension and preferential treatment regulations for military personnel, price law, agricultural law, grain circulation management regulations, central grain reserves management regulations, civil explosives management regulations, seed law, wildlife protection law, civil aviation safety
The legal system of emergency management in China has gone through the process from scratch, from decentralization to integration, and has been continuously improved, and a series of achievements have been made, but there are still some problems and deficiencies. For example, some laws and regulations, especially the emergency response law, are not operational; The single law for a single type of emergency is not comprehensive enough, and there is a lack of special legislation in related fields, such as rescue and compensation; Many legislations are relatively principled and abstract in content, lacking specific supporting systems, implementation rules and methods, and the participation of non-governmental forces in emergency rescue has not been included in China's emergency management legal system; Existing emergency management laws and regulations need to be cleaned up, and key laws and regulations need to be revised.
Legal basis:
People's Republic of China (PRC) Emergency Response Law
Article 1 This Law is formulated in order to prevent and reduce the occurrence of emergencies, control, mitigate and eliminate the serious social harm caused by emergencies, standardize emergency response activities, protect people's lives and property, and safeguard national security, public security, environmental security and social order.
Article 2 This Law shall apply to emergency prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-disaster recovery and reconstruction.
Article 3 The term "unexpected events" as mentioned in this Law refers to natural disasters, accidents, public health incidents and social security incidents that occur suddenly and cause or may cause serious social harm and require emergency measures. According to the degree of social harm, the scope of influence and other factors, natural disasters, accidents and public health incidents are divided into four levels: particularly significant, significant, large and general. Where laws, administrative regulations or the State Council have other provisions, those provisions shall prevail. The grading standards for emergencies shall be formulated by the departments determined by the State Council or the State Council.