Study on Legal Framework of Disaster Prevention and Protection: Focusing on Emergency Response

• Main Authors: Chi-wei Chan, 詹騏瑋
• Other Authors: Ming-Hsin Lin
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/40746299894094706299

碩士 === 臺灣大學 === 法律學研究所 === 98 === The process of disaster prevention and protection can be distinguished into three phases: prevention, response and recovery. The thesis focuses on the emergency response. In order to enhance the security of people’s life and property under emergent disastrous situations, it is necessary to establish a comprehensive legal regime, which can strike a balance between the efficiency of the disaster response and the protection of people’s right properly. Through analyzing the liability of emergency responders and the use of military force respectively, the thesis proposes to formulate a comprehensive emergency legal regime in which the procedure and the legal effect of announcing emergency are clearly prescribed. By announcing a state of emergency according to the Emergency Response Law, application and state of law can be more precise and clearer. For example, we can provide the immunity for emergency responders during the emergency. In addition, we can clearly know the authority and the timing of using military forces to response after a state of emergency is announced. In the final chapter, the thesis inspects the disaster emergency response legal regime in the lens of the national emergency legal system as a whole. After comparing different constitutionalism models, the thesis suggests that the reliance on the emergency decree provided by the Article 2, Paragraph 3, of Amendment to the Constitution should be reduced. As an alternative, an integrated emergency legal regime which details and differentiates emergency situations should be established so as to protect people from the threat of disaster properly and efficiently.