The prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and response activities after recovery and reconstruction of the second incident shall be governed by this Law.
Article 3 The alleged incident refers to a sudden, serious social harm caused or threatened, and emergency measures need to be taken to deal with natural disasters, accidents, public health emergencies and social security incidents.
According to the degree of social harm and influencing factors, such as natural disasters, accidents, public health emergencies, especially great, great, great, general four. Laws, administrative regulations or other provisions of the State Council shall prevail.
Establish grading standards by the State Council or the emergency of the department.
The state establishes an emergency management system with unified leadership, overall coordination, classified management, graded responsibility and territorial management.
The emergency response work of this article implements the principle of putting prevention first and combining prevention with emergency. The state establishes a risk assessment of major emergencies to conduct a comprehensive assessment of possible emergencies, so as to reduce the occurrence of major emergencies and minimize the impact of major emergencies.
The state should establish an effective social mobilization mechanism to enhance people's safety and risk prevention, and the public's ability to avoid risks and help the whole society.
Article 7 Where the people's governments at the county level are responsible for emergency response within their respective administrative areas involving more than two administrative areas, the relevant administrative areas shall be jointly responsible by the people's governments at the next higher level or by the people's governments at their respective administrative areas.
After the incident, the people's government at the county level should immediately take measures to control the development of the situation, organize emergency rescue and disposal, and immediately report it to the people's government, and if necessary, report it to the people's government.
The people's government at the county level where the incident occurred cannot eliminate or effectively control the incident, which has caused serious social harm, and the people's government shall report it to the superior in time. The people's government at a higher level shall take timely measures to provide unified leadership for emergency handling.
Where laws and administrative regulations stipulate that the relevant departments of the State Council shall be responsible for dealing with emergencies, such provisions shall prevail; The local people's governments shall cooperate and provide necessary support.
Article 8 Under the leadership of Premier the State Council, especially in major decision-making and deployment of emergency response work, according to actual needs, the National emergency headquarters will be established to be responsible for emergency response, and the State Council will send a working group to guide the work if necessary.
The people's governments at or above the county level shall establish the principal responsible persons of local people's governments at all levels, the heads of relevant departments, the local People's Liberation Army and the Chinese People's Armed Police Force, and formally form the emergency people's governments and government departments at all levels to carry out emergency response command institutions, with unified leadership and coordination, and set up relevant emergency command structures to organize, coordinate, command and respond to emergencies according to actual needs.
The relevant departments of the people's governments at higher levels shall be responsible for, guide and assist the people's governments at lower levels and their subordinate departments in coping with emergencies in their respective fields.
Ninth the State Council and local people's governments at all levels, the administrative leading organs of emergency response at or above the county level, the specific responsibilities of their offices by the State Council.
10 the decisions and orders made by the people's governments and departments to deal with emergencies shall be published in a timely manner.
The measures taken by the 1 1 th government and department to deal with emergencies should be adapted to the nature, degree and scope of social harm that may be caused by emergencies, and there are many measures to choose from. It should be a choice to protect the interests of citizens, legal persons and other organizations to the greatest extent.
Responsibility citizens, legal persons and other organizations to participate in emergency response.
Article 12 People's governments and their departments may requisition units and individuals' property in response to emergencies. Property used after expropriation or after emergency management shall be returned in time. If the requisitioned or requisitioned property is damaged or lost, compensation shall be paid.
Article 13 If emergency measures, litigation, administrative reconsideration and arbitration are not normal, the application procedures specified shall be suspended or restricted, unless otherwise provided by law.
Article 14 The China People's Liberation Army, the Chinese People's Armed Police Force and militia organizations shall, in accordance with this Law and other relevant laws, administrative regulations and military regulations, as well as the State Council and the Central Military Commission (CMC), attend the emergency rescue and disposal of sudden incidents.
Article 15 The China government shall cooperate and exchange with foreign governments and relevant international organizations after emergency prevention, monitoring and early warning, emergency rescue, recovery and reconstruction.
Article 16 People's governments at or above the county level shall report to the National People's Congress for the record when making decisions and orders to deal with emergencies. The completion of emergency management should be special in the work report of the Standing Committee of the People's Congress at the corresponding level.
Chapter Prevention and Emergency Preparedness
The state establishes and improves the emergency preparedness system.
The State Council formulated the national overall emergency plan, and the emergency special organization formulated the national emergency plan; The relevant departments in the State Council and the State Council shall formulate national emergency plans according to the emergency plans related to their duties.
The people's governments at the county level of the above local people's governments shall formulate corresponding emergency plans in accordance with relevant laws, regulations and rules, the emergency plans of the people's governments at higher levels and relevant departments, and the actual situation in the region.
The organ shall formulate an emergency plan and revise it in time according to the actual needs and changes in the situation. Formulate emergency plans, and the State Council will revise the procedures.
Article 18 An emergency plan shall be based on the emergency nature and characteristics of this Law and other relevant laws and regulations, the specific requirements of emergency management, the responsibility system of organization and command, emergency prevention and early warning mechanism, disposal procedures, emergency safeguard measures and subsequent recovery and reconstruction measures.
Nineteenth should conform to the prevention of urban and rural planning, respond to the needs of various emergencies, make overall arrangements for the necessary equipment and infrastructure construction, and reasonably determine the emergency shelter.
Article 20 The administrative area of the county government should be easy to cause the hazards of natural disasters, accidents, disasters and public health emergencies, and the investigation, registration, risk assessment, regular inspection and monitoring of dangerous areas, and the units should be ordered to take safety precautions.
Provincial and municipal governments with districts should easily lead to major hazards, major emergencies in special administrative regions, investigation, registration, risk assessment, organization inspection and monitoring of dangerous areas, and order the unit to take safety precautions.
The local people's governments at or above the county level shall, in accordance with the provisions of this law, timely notify the public of the dangerous areas and dangerous areas registered.
21. People's governments at the county level and relevant departments, township people's governments, sub-district offices, residents' and villagers' committees shall promptly mediate social contradictions and disputes that may lead to safety accidents in the process.
Twenty-second all units should establish a safety management system, regularly check the implementation of their own safety preventive measures, eliminate hidden dangers of accidents in time, master and deal with safety accidents that may cause society in time, and prevent conflicts and situations from expanding; This unit shall report to the local people's government or government departments in a timely manner in accordance with the regulations when taking emergency and safety precautions.
Twenty-three mines, construction units, inflammable substances, dangerous chemicals, radioactive substances and other harmful substances shall be produced, managed, stored and used, and special emergency plans shall be developed, and the buildings, structures and surrounding environment where dangerous goods are produced shall be investigated, and timely measures shall be taken to eliminate hidden dangers and prevent emergencies.
Article 24 The business units or management units of public transport vehicles, public places and other crowded places shall formulate specific emergency plans, and the transportation and related places shall be equipped with alarm devices and necessary emergency rescue equipment and facilities to indicate their use, and the safe evacuation routes and routes shall be clearly marked to ensure the smooth flow of safe passages and exits.
Relevant units shall regularly test and maintain their alarm and emergency rescue equipment and facilities, and keep them in good condition to ensure their normal use.
Article 25 The people's government at or above the county level shall establish an emergency management training system, and the people's government and relevant departments shall undertake the responsibilities and provide regular training for emergency personnel.
Twenty-sixth, the people's governments at or above the county level shall integrate emergency resources and establish a comprehensive emergency rescue team. The people's government can be a professional emergency rescue team according to actual needs.
People's governments at or above the county level and their departments may establish emergency rescue teams of adult volunteers. The unit shall establish a full-time or part-time emergency rescue team.
People's governments at or above the county level shall strengthen professional emergency rescue teams and emergency rescue teams, non-professional cooperation, joint training and joint drills, and improve the ability of synthetic emergency and coordinated emergency response.
Article 27 The relevant departments of the State Council, local people's governments at all levels, and relevant departments and units at or above the county level shall purchase personal accident insurance for professional emergency rescue personnel and equip them with necessary protective equipment and emergency rescue personnel to reduce personal risks.
Article 28 The People's Liberation Army, the Chinese People's Armed Police Force and militia organizations shall organize and carry out special emergency rescue training in a planned way.
Twenty-ninth people's governments at the county level and their departments, township people's governments and sub-district offices shall organize emergency knowledge, necessary emergency drills and popularization.
Residents' committees, villagers' committees, enterprises and institutions shall, in accordance with the local people's governments and their own actual conditions, start emergency publicity activities and knowledge and the requirements of necessary emergency drills.
The news media should carry out emergency prevention and response, and publicize the knowledge of self-help and mutual assistance.
Thirtieth schools at all levels should incorporate emergency education into the teaching content knowledge, emergency knowledge education students, students' safety awareness and self-help and mutual rescue ability.
The competent education department should carry out the guidance and supervision of schools that provide emergency knowledge education.
Article 3 1 the State Council and local people's governments at or above the county level shall take financial measures to protect the requirements of emergency response.
Article 32 The state has established a sound security system and emergency materials reserve, and improved the supervision of important emergency materials, production, storage, distribution and emergency distribution systems.
The people's governments of municipal districts and county governments in emergency-prone and frequent areas shall establish a reserve system for emergency relief materials, daily necessities and emergency equipment.
The local people's governments at or above the county level shall sign an agreement with relevant enterprises according to the actual situation in the region to ensure the production and supply of emergency relief materials, daily necessities and emergency equipment.
Article 33 The State shall establish and improve the emergency communication guarantee system, improve the public communication network, and establish a combination of wired and wireless emergency communication systems, basic telecommunication networks and mobile communication systems to ensure the opening of emergency response communication.
Article 34 The state encourages the working people's governments of citizens, legal persons and other organizations to provide material, financial and technical support and donations for emergencies.
Article 35 The state develops insurance, establishes a catastrophe risk insurance system supported by the state finance, and encourages institutions and citizens to participate in insurance.
Article 36 The state encourages and has the corresponding conditions to cultivate professional knowledge of emergency management for teaching and scientific research institutions, and encourages and supports teaching and scientific research institutions and relevant enterprises to research and develop new technologies, equipment and tools for emergency prevention, monitoring, early warning, emergency response and rescue.
Chapter monitoring and early warning
Article 37 the State Council shall establish a unified national emergency information system.
Local people's governments at or above the county level shall establish or designate a territorial emergency information system to collect, store, analyze and transmit emergency information, and realize interconnection with the emergency information systems of the people's governments at higher levels and their departments, the people's governments at lower levels and their relevant departments, professional institutions and monitoring networks, so as to strengthen cross-departmental and cross-regional information and intelligence exchange and cooperation.
The people's governments at or above the county level and their departments and professional institutions shall collect emergency information through various means.
The county government shall establish a full-time or part-time information reporter system for residents' committees, villagers' committees and relevant units.
Citizens, legal persons or other organizations with knowledge of emergency information shall immediately report to the local people's government, the competent department or the designated professional institutions.
Thirty-ninth local people's governments at all levels shall submit emergency information to the people's governments at higher levels in accordance with the relevant provisions of the state. The people's governments at or above the county level shall apply to the relevant competent departments of the people's government departments that know emergency information. Professional institutions, monitoring networks and information reporters shall report emergency information to local people's governments and relevant departments in a timely manner.
The relevant units and personnel who submit emergency information should be timely, objective and true, without delay, falsehood, concealment or omission.
Article 40 Local people's governments at all levels and people's governments at or above the county level shall timely collect and analyze the hazard and emergency warning information, and organize relevant departments, professional technicians, consulting experts and scholars when necessary to evaluate the possible emergencies and their possible impacts; If it is believed that there may be a particularly significant or major emergency, the government of the Higher People's Court shall immediately report to the government department of the Higher People's Court, the local garrison and the people's government of the relevant area who may be injured or briefed.
4 1 country to establish and improve the emergency monitoring system.
The people's governments at or above the county level and the relevant departments shall, according to the types and characteristics of natural disasters, accidents, disasters and public health emergencies, establish and improve the basic information database, improve the monitoring network, divide the monitoring areas, determine the monitoring points, define the monitoring items, provide necessary equipment and facilities, and equip full-time or part-time staff to monitor possible emergencies.
Article 42 The State shall establish and improve an emergency early warning system.
The early warning levels of natural disasters, accidents, disasters and public health emergencies can be divided into four levels according to the urgency, development momentum and potential harm of emergencies, and the highest levels are marked with red, orange, yellow and blue respectively.
The classification standard with early warning level determined by the State Council or department.
Article 43 In case of natural disasters, accidents, disasters or public health emergencies that can be forewarned or the possibility of imminent increase, the local people's governments at or above the county level shall, in accordance with relevant laws, administrative regulations and the powers and procedures of the State Council, issue corresponding alert levels, and announce the decision to enter the early warning field, so as to increase the people's government. When necessary, they may leapfrog to the local garrison and the governments that may be adjacent or related to the hazards.
During the period of issuing Article 44 Level III and IV warnings and announcing warnings, the local people's governments at or above the county level shall take the following measures according to the characteristics and potential hazards of upcoming emergencies:
(a) to start the emergency plan;
(2) Ordering the relevant departments, professional organizations, monitoring networks and personnel to be responsible for the specific duties of timely collection, reporting information to the public information channels to reflect emergencies, strengthening the monitoring, forecasting and early warning of emergencies;
(3) Organizing relevant departments and institutions, professional and technical personnel, experts and scholars to prepare the analysis and evaluation of emergency information, and predict the possible range and intensity of events and the possible occurrence level of emergencies;
(4) Managing and reporting information related to the prediction of emergencies and the analysis and evaluation results to the society and the public on a regular basis;
(five) in accordance with the relevant provisions in a timely manner to the public emergency warning, publicity to avoid, minimize the harm of common sense, announced the contact number.
Article 45 During the warning period, the local people's governments at or above the county level shall take one or more of the following measures in addition to the provisions of Article 44 of this Law, but also in view of the characteristics and potential hazards of the upcoming emergencies:
(1) Ordering emergency rescue teams and personnel in charge of specific duties to enter standby state, and mobilizing reserve personnel to participate in emergency rescue preparation;
(2) Raise necessary emergency relief materials, equipment and tools, prepare emergency facilities and shelters, and ensure that they are in good condition and can be put into normal use at any time;
(three) to strengthen the safety of key units, important parts and key infrastructure, and maintain social order;
(4) Take necessary measures to ensure the safe and normal operation of transportation, communication, water supply, drainage, electricity, gas, heating and other public facilities;
(5) Suggestions on taking concrete measures to the society in time to avoid or reduce harm, lawyers.
(six) transfer, evacuation or emergency evacuation is vulnerable and personnel are properly placed, and important property is transferred;
(seven) closing or restricting the use of dangerous places is prone to emergencies, which can easily lead to hazard control or restrict the expansion of public places;
(8) Other necessary preventive and protective measures by laws, regulations and rules.
Article 46 stipulates that the local people's governments at or above the county level and the relevant competent departments shall follow the reports of the people's governments and relevant departments, and if necessary, they may report above the level.
Article 47 The emergency government shall, according to the development of the situation, adjust and reissue the alarm according to the warning line of relevant regulations.
If it has been proved that the emergency or danger of the impossible event has been lifted, the people's government that issued the warning shall immediately notify the warning that it has been lifted and terminated, and lift the measures it has taken.
Zhang emergency rescue
Article 48 After the incident, the nature, characteristics and degree of harm of the government that performs unified leadership duties or organizes to deal with emergencies shall immediately organize relevant departments to mobilize emergency rescue teams and social forces, and take emergency measures in accordance with the provisions of this chapter and relevant laws, regulations and rules.
Article 49 After the occurrence of natural disasters, accident disasters or public health incidents, the people's government performing unified leadership duties may take one or more of the following emergency measures:
< BR/(1) Organize the rescue and treatment of the injured, make proper arrangements for evacuation, evacuation and threats to the staff, and take other relief measures;
(2) Quickly control hazards, indicate dangerous areas, seal off dangerous places, designate warning areas, and implement traffic control and other control measures;
(three) immediately repair the damaged transportation, communications, water supply, drainage, electricity, gas, heating and other public facilities, endangering the provision of housing and other necessities, and implementing medical treatment and epidemic prevention and other guarantees;
(4) Equipment and facilities whose use is prohibited or restricted, premises whose use is closed or restricted, suspension of crowded activities or production and business activities that may lead to the expansion of hazards and other protective measures;
(5) Activate the people's government to set up a financial reserve fund for emergency relief materials and reserves, and if necessary, call other urgently needed materials, equipment, facilities and tools;
(six) to organize citizens to participate in emergency rescue and disposal work, and to provide services for people with specific expertise;
(seven) to ensure the supply of food, drinking water, fuel and other basic necessities;
(eight) severely punish hoarding, driving up prices, making and selling fake goods according to the law, disrupting market order, stabilizing market prices and maintaining market order;
(nine) according to the law, severely punish the looting of property, disrupt emergency work, disrupt social order and maintain social order;
(10) Take necessary measures to prevent the occurrence of secondary and derivative events.
After the social security incident, the people's government should immediately organize the relevant departments to deal with the work of the organization. According to the nature and characteristics of the incident, the public security organ shall take one or more of the following emergency measures in accordance with the relevant Article 50 laws, administrative regulations and other relevant provisions:
(a) the use of equipment to force isolation or violence between the parties involved in the conflict and the other party, properly resolve disputes and disputes on the spot, and control the development of the situation;
(2) Is it in a specific area? Buildings, vehicles, equipment, facilities, fuel, gas, electricity and water supply control; BR p> (three) blocked places, roads, check the identification of on-site staff, and restrict the activities of public places;
(4) Strengthen the fragile organs at the core and set up temporary cordons near state organs, military organs, state news agencies, radio stations, television stations, foreign embassies and consulates in China and other units;
(five) laws, administrative regulations and other necessary measures to guard the unit according to the State Council.
When an incident that seriously endangers social order occurs, the public security organ shall immediately dispatch police force according to law and take corresponding law enforcement measures according to the scene to restore normal social order as soon as possible.
The incident of 5 1 seriously affected the normal operation of the national economy. The relevant competent departments authorized by the State Council or the State Council can take necessary emergency measures such as safeguard and control to ensure the basic living needs of the people and minimize the impact of emergencies.
Article 52 Under the unified leadership of performing duties or organizing people's governments to deal with emergencies, when necessary, requisition the equipment, facilities, venues, transportation and other materials necessary for emergency rescue units and individuals, request the manpower, material resources, financial resources or technical support provided by other local governments to produce and supply daily necessities and emergency relief materials, and the company organizes the production, ensures the supply, and requires public service institutions such as medical care and transportation to provide appropriate services.
The government that performs the duties of unified leadership or organizes the handling of emergencies shall organize and coordinate the transportation business units, and give priority to the handling of emergencies, equipment, tools, emergency rescue personnel and personnel who are harmed by emergencies.
Article 53 People's governments that perform unified leadership duties or organize the handling of emergencies shall, in accordance with relevant regulations, uniformly, accurately and timely release information on developments and emergency handling of emergencies.
Article 54 No unit or individual may fabricate or disseminate false information about the development of unexpected events or emergency work.
Article 55 When an accident occurs in a residents' committee, villagers' committees and other organizations shall publicize and mobilize according to the decisions and orders of the local government, organize the masses to help themselves and help each other, and help maintain social order.
Article 56. Units affected by natural disasters, disasters or accidents, disasters and public health emergencies should immediately organize emergency rescue teams and personnel to rescue the injured, evacuate, evacuate and resettle the threatened personnel, control the hazards, indicate the dangerous areas, seal off the dangerous places, and take other necessary measures to prevent the hazards from expanding, and report to the local county government that the units or main personnel have caused social security accidents.