智慧应急法制模式之初探

Preliminary Exploration of the Intelligent Emergency Legal System Model

应急管理在信息技术和数字技术加持下更加智慧和高效。所谓智慧应急法制模式是描述和解释智慧应急法制基本特征和发展趋势的理想类型。智慧应急法制模式以行政应急法制与科学技术关系为总体分析背景,以反映行政应急法制发展特色的要素为变项,包括行政应急基本理念、行政应急主体、行政应急客体、行政应急权力、行政应急手段,通过考察五个要素显著变化可以发现,与传统机械型应急法制相比,智慧型应急法制凸显行政应急奉行整体性治理理念、行政应急主体与数字技术之间呈现内生性关系、作为行政应急客体的技术风险具有高度不确定性、行政应急权力依据数据驱动、行政应急手段呈现自动化和智慧化等特征。

In recent years,frequent public emergencies events around the world have brought the development opportunities for the application of digital technology in administrative emergency management,and also injected new vitality into administrative emergency management.In contrast to the widespread application of digital technology in emergency management practices,the National Ministry of Emergency Management has released the Strategic Planning Framework for the Development of Emergency Management Informatization(2018-2022),which points out the need to promote the deep integration of new generation information technologies with emergency management business.The National Emergency System Plan for the 14th Five Year Plan issued by the State Council in 2022 further points out that by 2035,it is necessary to comprehensively achieve legal emergency response,scientific emergency response,and intelligent emergency response.A new type of administrative emergency legal model is gradually emerging through the observation of the legislation and social practice of public emergency management entities using digital technology to prevent and respond to sudden public events in recent years.We refer to it as the intelligent administrative emergency legal system model,which is an ideal type of legal system.In order to make academic research conform to the thinking of ordinary people,we call the traditional administrative emergency legal system mechanical emergency legal system.Taking the relationship between administrative emergency legal system and science and technology as the overall analysis background,and indicators that can reflect the development characteristics of administrative emergency legal system as variables-basic concept of administrative emergency,administrative emergency subject,administrative emergency object,administrative emergency power,and administrative emergency measures.By examining the significant changes in five elements,it can be found that compared with traditional mechanical emergency legal systems,the intelligent emergency legal system highlights the holistic governance concept pursued by administrative emergency,the endogenous relationship between administrative emergency subjects and digital technology,the high uncertainty of technical risks as administrative emergency objects,the data-driven nature of administrative emergency power,and the automation and intelligence of administrative emergency measures.Currently,legislators urgently need to address five major issues:(1)Guided by the concept of holistic governance,an intelligence emergency legal system should be introduced in key areas such as marine disasters,forest and grassland fires,nuclear and radiation accidents,group diseases of unknown causes,occupational hazards,terrorist attacks,and sensitive public emergencies.(2)Given the increasingly prominent role of technological entities in intelligence emergency processes,it is necessary to clarify their legal role.(3)Given the dual nature of digital technology in the process of intelligence emergency response,legislators need to focus on regulating the enormous risks inherent in digital technology.(4)Legislators need to pay attention to the individual and local interests of citizens,legal persons,and other organizations in the process of emergency intelligence,and establish a system that regularly reviews the legitimacy of the intelligent emergency measures(5)Legislators should innovate administrative emergency compensation and compensation systems based on the particularity of intelligence emergency infringement.