我国“一案三制”框架下公共安全应急法制建设研究

Research on the Legal System Construction of Public Safety Emergency in China under the Framework of ＂One Preplan and Three Systems＂

我国公共安全应急管理工作以＂一案三制＂建设为核心,应急法制建设取得长足进步。以宪法为根本,以突发事件应对法为基本,以相关单行法、行政法规、行政规章、应急预案等为依托的应急法制体系已初具规模,应急法制的系统性得以初步显现。但在实践中也暴露出法制缺位、体系不健全、法律规范执行不力等问题,基于应对公共安全的实践需求,如何积极借鉴国外应急法制建设的特点与新趋势,构建完备的国家应急法制的框架体系已成为完善其制度设计的关键问题。

In recent years, China＇s public safety emergency management takes the construction of ＂one preplan and three systems＂ as the core and the emergency legal system has obtained great improvement. With the Constitution as foundation, Act on Tackling Emergency Affairs as its basis, as well as relevant slip laws, administrative rules, administrative regulations, emergency preplan, etc. As its support, such emergency legal system has begun to take shape, and the system nature of emergency law system has appeared. However, during the practice, it also exposes such problems as lack of legal system, imperfectness of system and poor implementation of legal norms. Therefore, based on the practical need of public safety, how to construct a perfect framework of emergency legal system in China by actively drawing lessons from the characteristics and new trends of foreign emergency legal system construction, has become the key issue in perfecting Chinese emergency legal system design.