@article{ART001966747},
author={BAEK YUN CHUL and CHUNG SUNG BEOM},
title={The National Emergency Right in China},
journal={Public Land Law Review},
issn={1226-251X},
year={2015},
volume={68},
pages={593-613}
TY - JOUR
AU - BAEK YUN CHUL
AU - CHUNG SUNG BEOM
TI - The National Emergency Right in China
JO - Public Land Law Review
PY - 2015
VL - 68
IS - null
PB - Korean Public Land Law Association
SP - 593
EP - 613
SN - 1226-251X
AB - The SARS, an unexplained pneumonia, broke out in Asia in 2003. From the disease that occurred in Guangdong in November 2002, it was extended to 29 countries and regions in the world as well as in China until July 2003, reaching 8,098 infected and 774 dead toll. One of the causes of this was the delayed first response by the Chinese government.
China became aware of the importance of risk management in the event of unforeseen events, and the maintenance of emergency response and risk management system became an important task of the state. The regulations regarding the emergency were added in the Constitution when there was constitutional amendment in March 2004. From the enactment of the state public emergency response plan, some of the emergency response plans were established and published from 2005 to January 2006. In June 2006, the opinion of the State Council on strengthening emergency response was announced for the goal of its implementation in the 11th five-year plan period (2006-2010), so that the establishment of a system covering each region, industry, and organization; protective measures; improvement of the emergency response; and maintenance of relevant laws and regulations were discussed mentioning 24 specific items. The movement of the subsequent development of emergency response plans was accelerated, amounting to 1.35 million by the end of 2006 and 2.4 million in 2010. In regard to the legal system maintenance, the establishment of the emergency law and the amendment of Constitution were incorporated to the 10th National People's Congress legislative plan. However, although the emergency law was prepared for the enactment, this law was not enacted. Then the emergency response law was adopted in the 29th annual meeting at the 10th National People's Congress Standing Committee in August 30, 2007, with its promulgation in November 1 of the same year. Although individual laws for the individual defense and measures such as earthquakes and floods were established in China, the fundamental law for disaster response and recovery was not determined yet. The emergency response law is not only for natural disasters, but is the basic law for the emergency including natural disasters. In this paper, the emergency measure planning is introduced around the provisions of the Constitution relating to emergency state, the overview of the enactment of emergency response law, and the state plan related to natural disaster relief emergency response.
KW - Constitution;nation's emergency competence;the emergency response law;risk management;emergency response;legal system
DO -
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BAEK YUN CHUL and CHUNG SUNG BEOM. (2015). The National Emergency Right in China. Public Land Law Review, 68, 593-613.
BAEK YUN CHUL and CHUNG SUNG BEOM. 2015, "The National Emergency Right in China", Public Land Law Review, vol.68, pp.593-613.
BAEK YUN CHUL, CHUNG SUNG BEOM "The National Emergency Right in China" Public Land Law Review 68 pp.593-613 (2015) : 593.
BAEK YUN CHUL, CHUNG SUNG BEOM. The National Emergency Right in China. 2015; 68 593-613.
BAEK YUN CHUL and CHUNG SUNG BEOM. "The National Emergency Right in China" Public Land Law Review 68(2015) : 593-613.
BAEK YUN CHUL; CHUNG SUNG BEOM. The National Emergency Right in China. Public Land Law Review, 68, 593-613.
BAEK YUN CHUL; CHUNG SUNG BEOM. The National Emergency Right in China. Public Land Law Review. 2015; 68 593-613.
BAEK YUN CHUL, CHUNG SUNG BEOM. The National Emergency Right in China. 2015; 68 593-613.
BAEK YUN CHUL and CHUNG SUNG BEOM. "The National Emergency Right in China" Public Land Law Review 68(2015) : 593-613.
