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突发事件的应对,是一个系统的工程,包括事后恢复与重建的环节。处理突发事件工作的最后阶段是事后恢复与重建。我国《突发事件应对法》第五章对事后恢复与重建问题作了专章规定,有关法律、行政法规和规范性文件对事后恢复与重建亦有涉及,军队参与事后恢复与重建的立法情况不如人意。建议适时修改《突发事件应对法》,充实第五章“事后恢复与重建”的规则体系,对军队参与事后恢复与重建作专条规定;适时变动《军队参加抢险救灾条例》,专章规范军队参与事后恢复与重建事宜,赋予军队更多的刚性义务;完善《军队处置突发事件总体应急预案》,在此基础上出台各战区、各军种的处置突发事件应急预案,细致规范事后恢复与重建的作业流程。
Emergency response is a systematic project, including the recovery and reconstruction aspects. The final stage of the work on emergency management is post-recovery and reconstruction. Chapter Five of the Emergency Response Law of our country made special regulations on the issue of recovery and reconstruction after the incident. Relevant laws, administrative regulations and normative documents also dealt with the post-recovery and reconstruction as well as the legislative situation in which the military took part in post-recovery and reconstruction unsatisfactory. It is suggested that the emergency response law should be amended as soon as possible to enrich the system of Chapter V rules of post-recovery and reconstruction and to make special provisions for the military to participate in post-disaster recovery and reconstruction. It should also make timely changes in the Regulations on the Participation of Rescue and Relief of the Armed Forces To standardize the military’s participation in post-recovery and reconstruction issues and to give the armed forces more rigid obligations; to improve the “overall response plan for handling military emergencies”, and to formulate contingency plans for the handling of emergencies in various theater and military service on the basis of the detailed norms Post-recovery and reconstruction operations.