自然灾害行政救助的法律制度完善研究

发布时间：2019-03-08 16:03

【摘要】：近年来,随着人类对地球环境的破坏,地球气候发生了极大改变,极端恶劣天气逐渐增加,造成自然灾害频发。因此,自然灾害在行政方面的救助越来越受到世界各国政府的重视,我国也不例外。我国目前现行相关自然灾害救助规定还十分疏漏,与法治国家、法治政府、法治社会的全面推进极不合拍,亟待完善。首先,所谓自然灾害行政救助是指有相关法律规定职责的行政主体根据相关法律规定对遭受自然灾害及其威胁下的群众按照法定程序进行物质及精神救助并保证受灾群众最低生活标准的行政行为。其特征包括法定性、积极性、灵活性、紧急性、复杂性,其完善对我国重视人权、建设服务型政府、打造法治政府、贯彻依法治国建设和谐社会具有重要价值。其次,现行制度中存在的问题包括救助主体职权不明确,救助标准不明确,缺乏精神方面的救助,灾害救助监督不健全,救济制度上存在行政主体消极怠工等不完善现象。最后,完善自然灾害行政救助法律制度的建议,包括明确灾害救助主体职权,明确救助标准并增加精神救助,完善灾害救助的监督,完善救济制度。
[Abstract]:In recent years, with the destruction of the earth's environment by human beings, the earth's climate has changed greatly, and the extreme bad weather has gradually increased, leading to the frequent occurrence of natural disasters. Therefore, the administrative relief of natural disasters has been paid more and more attention by governments all over the world, and China is no exception. At present, the existing provisions of natural disaster relief in our country are not in accord with the comprehensive promotion of the country ruled by law, the government ruled by law, and the society ruled by law, which need to be improved urgently. First, The so-called natural disaster administrative assistance refers to the administrative subject who has the responsibility stipulated by the relevant laws to carry out material and spiritual assistance to the people under the natural disaster and its threat in accordance with the legal procedure and to ensure the affected group according to the relevant legal provisions. The administrative act of the public minimum standard of living. Its characteristics include legalization, enthusiasm, flexibility, urgency and complexity. Its perfection is of great value for China to attach importance to human rights, to build a service-oriented government, to build a government ruled by law, and to carry out the rule of law to build a harmonious society. Secondly, the problems existing in the current system include the unclear functions and powers of the main relief body, the unclear rescue standards, the lack of spiritual relief, the imperfect supervision of disaster relief, and the existence of the administrative main body in the relief system, such as passive work and other imperfect phenomena. Finally, some suggestions on how to improve the legal system of administrative relief of natural disasters are put forward, including clarifying the main body of disaster relief, clarifying the standard of relief and increasing spiritual relief, perfecting the supervision of disaster relief, and perfecting the relief system.
【学位授予单位】：广西民族大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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