2008年,中国防震减灾法制建设得到了进一步加强。主要表现在三个方面:一是防震减灾立法越来越关注自身的实效性和民主基础;二是发布《汶川地震灾后恢复重建条例》,对汶川地震灾区的灾后恢复重建确立了一系列法律原则和制度,特别是建立了“过渡性安置”制度,弥补了中国防震减灾法律制度存在的不足;三是对涉灾案件审判和执行工作的基本原则和一些具体法律适用问题作出了规定,并对震后灾区出现的一些法律问题提出了处理意见,对于配合灾区震后的应急与救援工作起到了非常积极的作用。
<<In 2008,the construction of the legal system for preventing and mitigating quake disaster had intensified.This was mainly reflected in the following three aspects:Firstly,in the making of laws on preventing and mitigating quake disaster,more attention had been paid to the effectiveness and democratic basis of the legislation.Secondly,Regulations on the Recovery and Reconstruction of Disaster Areas after the Wenchuan Earthquake was promulgated,which establishes a series of legal principles and institutions relating to recovery and reconstruction of disaster areas,especially the system of transitional settlement,thereby remedying the shortcomings in the legal system of preventing and mitigating earthquake disaster.Thirdly,two judicial notes and one judicial interpretation were issued by the Supreme People’s Court to stipulate judicial principles and methods relating to the application of laws in disaster zones after quake,which had played a very positive role in protecting rights and interests of victims in disaster districts.
<<Keywords: | Law on Preventing and Mitigating Quake DisasterRegulations on Recovery and Reconstruction of Disaster Areas After Wenchuan EarthquakeTransitional Settlement |