The legal system in China and the handling of accidents and disasters

Abstract

China is prone to many types of natural disaster. Reports on recent disasters indicate that the response to major disasters is prompt, particularly by the armed forces, and that the Chinese Government not only moves quickly in relation to disaster mitigation, but is also prepared to draw on assistance from foreign governments, international organisations and domestic and international non-governmental organisations. A major issue in the administrative structure relating to disaster management, however, is that it relies extensively on administrative planning and bureaucratic cooperation rather than a strong, consistent legal framework, and mechanisms for independent external review. This chapter examines the emergency management system in China, with an emphasis on the relationship between law and administrative structures in preparation for and response to emergencies and the aftermath.