중국의 지진 및 지진해일에 관한 법제 연구 = A study on the Legal system for the China`s Earthquakes and Tsunamis

다국어 초록 (Multilingual Abstract)

China has been enforcing a certain series of administrative measures to prevent and reducing earthquake-induced hazards which are ``observation, forecast, and emergency service``. And it is carrying out all related tasks before and after the occurrence of an earthquake through certain procedures on the four steps of ``forecasting of seismic observations, preventing earthquake-induced hazards, taking urgent measures against earthquake-induced hazards, and operating rescue services for calamities`` in order to make the measures go into effect. Chinese government have had the groundworks to solve problems that are caused by earthquakes since the nation`s founding. There was an organization of the committee of the seismic tremor in Chinese Academy of Sciences in 1953. August 2nd in 1971, the state council made an announcement on the official document of the 56th issue in order to enable supervision of observation·forecast·research·collective management of severe earthquakes, and it expanded and restructured the pre-existing ``Central Earthquake-related Affairs Office`` into the ``National Earthquake Bureau`` to handle tasks related to earthquakes all over the country. Lately Chinese government issued an outline of a project on ``National midlong-term advancement of science and technology (2006- 2020)``, which is selecting the ``observation and precaution`` measures as a part of the national policy with overriding priority when it comes to serious natural disasters including earthquakes. It made the measures for prevention and reduction of earthquake-induced hazards important for the national development and disaster prevention services, which consequentially enabled priority aids from the government. China is establishing its own legal system through putting experiences earned while carrying out a series of measures relating the ``prevention and reduction of earthquake-induced hazards`` into the laws of the central government and the regulations and legislations of the local government. It mainly regulates on the subjects of ``earthquake- related safety assessment management. management of the area of defense and emphasized prediction of earthquakes, a seismological observatory and promoting a observational environment, et cetera``. Especially, the structure of the ``Chinese law of prevention and reduction of earthquake-induced hazards`` is mainly consist of ``Policy planning, seismological observation and forecasting, prevention and urgent measures against earthquake-induced hazards, transitional emergency aid and reconstruction``, which shows it is legislated for assembling with the basic directions of the policy in order to prevent and reduce the earthquake-induced hazards. This clearly states the country`s main policy and the legislative system have a strong correlation that it arranges legal basis for executive actions in order to guarantee both effectiveness of the law and the security of enforcing a policy at the same time. Legislations related to earthquakes in the country is more close to the public law dealing with the national administration than the private law, compared to the other laws. It has tight connection with its country`s social, political, and economical matters and people`s living and surviving than aiming for interests of private man, there will be a need for a balanced legislation system between the public law and the private law.

참고문헌 (Reference)

1 "폭풍·풍랑·해일과 해수재해에 관한 긴급예비안(风暴潮、海浪、海啸和海冰灾害应急预案)"

2 鄧集文, "최근 중국 위기관리에 존재하는 문제와 해결방법-문천지진을 예로 들어" 3 : 2009

3 中國地震局 監測豫報司, "지진재난방지경감법률법규(防震减灾法律法規)" 地震出版社 2007

4 曺康泰, "지진재난방지경감법(防震减灾法)解讀" 中國法制出版社 2009

5 "지진재난방지경감법(防震减灾法)"

6 莫于川, "중화인민공화국돌발사건대응법(突发事件应对法)釋義" 中國法制出版社 2007

7 高小平, "중국특색의 위기관리체계 확립의 성과와 발전" 11 : 2008

8 "중국지진국 홈페이지"

9 양효령, "중국외상투자기업법제" 진원사 2007

10 "중국 국가해양국 홈페이지"

11 謝玲玉, "문천지진재해 복구ㆍ재건 조례 실용문답" 中國法制出版社 2008

12 謝玲玉, "문천지진재해 복구ㆍ재건 조례 실용문답" 中國法制出版社 2008

13 李兵德, "돌발사건대응법(突发事件应对法) 입법의 약간 문제" 4 : 2007

14 "돌발사건대응법(突发事件应对法)"

15 "국무원에서 공표한 〔1996〕 제2호 문건"

16 "中國安全生産网 홈페이지"