中国防震减灾法律体系与立法实践综述

Review of legal system and legislative practice on protecting against and mitigating earthquake disaster in China

我国防震减灾法律体系由国家法律、国务院行政法规、国务院部门规章、地方性法规和地方政府规章等组成。在国家层面,正在施行的国家法律有1部、国务院行政法规有5部、国务院部门规章有8部。在省级层面,正在施行的省级地方性法规有38部、省级政府规章有50部。这些法律、法规、规章对于规范防震减灾活动发挥了重要作用,保障并推动了防震减灾事业健康发展。本文从国家和省级2个层面总结梳理了中国防震减灾法律体系建设和立法实践情况,并对今后工作提出了建议。

The legal system on protecting against and mitigating earthquake disaster in China is composed of the national laws, administrative regulations, departmental rules, local regulations and local government rules. At the national level, one national law, 5 administrative regulations promulgated by the State Council and 8 departmental rules promulgated by the Department of the State Council are being put in force. At the provincial level,38 provincial local regulations and 50 provincial government rules are being put in force. The implementation of the law, regulations and rules has been playing an important role in standardization of the activities on protecting against and mitigating earthquake disaster, and has ensured and promoted the healthy development of the course of protecting against and mitigating earthquake disaster. This paper gives a review of legal system and legislative practice on protecting against and mitigating earthquake disaster in China from the national and provincial levels. And some suggestions for future work are proposed.