Epidemic raging，Normal medical order is impacted，Medical resources are stretched。The government cannot purchase enough materials through normal market transactions，It is impossible to withstand the time cost required for the usual exchange，Receiving means to appear。The government recruit materials or places to prevent the epidemic，The purpose of the requisition is not controversial，But the government can only be collected when facing emergency needs，Can't it be collected? Who can recruit materials and places?，The above issues are all presented。The epidemic will pass，Medical resources can make up for shortcomings in the short term，But the research of the system requires long -term reserves。We use the mask case of the cities in the city of A.，Discuss the above problems in order。

　　bet365 live casino games

Recruitment is deprivation of property use right，Requesting is deprivation of property ownership。Article 13, paragraph 3 of the Constitution in my country，"The country's needs for public interests，It can be collected or requisitioned and compensated to citizens' private property in accordance with the law "。From this terms alone，When the government is facing emergency needs，For public interests，can be collected，You can also collect citizens' private property。But the government obviously cannot directly collect the private property of citizens levied by the Constitution，Only "in accordance with the law"，"According to the law" four words specify the legislative obligations of the legislature。National People's Congress through a series of legislation，Specifically the above specifications。Article 44 of the "Property Law" in my country、"Infectious Disease Prevention Law" Article 45 and Article 12 of the Capital Copy bet365 best casino games Law of the Infectious Diseases Limit the right to collect，The application of the required application is limited to the "outbreak of infectious diseases、Popularity "" Copy Emergency "and other" emergency needs "，This means that the government is facing emergency needs，It can only be requisitioned rather than collect the private property of citizens。Is this limit constitutional? The "in accordance with the law" in Article 13, paragraph 3 of the Constitution means that the Constitution is awarded the Legislative Organization of Legislative Organs，As long as the legislative tailoring is not fundamentally separated from this power，is the constitutional。In the aforementioned case，Even the intention of the Health and Health Committee of the City of A is to collect the mask of the city's epidemic prevention and control headquarters，can only exercise the right to collect，Otherwise, it is transcending legal power。

But the problem is that the collection is just the deprivation of the right to use property，Rebate the original afterwards。If the requisitioned property is a one -time item，It cannot be returned or returned after use，How to deal with it? The law stipulates compensation，This compensation is actually compensation for collection，Because the compensation collected involves the value of property use right，The compensation collected involves the value of property ownership。Chinese Law will understand it as "a temporary limit on the right to use"，If the limit of the right to use exceeds the "temporary" boundary in the usual sense，or the limitation of the right to use is too large，The ownership of the final erosion of property，Disposal in the substantive sense of property ownership，From the perspective of legal effects，It constitutes the collection in the sense of Chinese law，It can be called the collection and transformation of the reasons。The Health and Health Committee of A in fact is to exercise the mask of the cities of the cities of the cities，It is the collection and transformation of the Bet365 app download collection，That is, it is acquisition，But the legal effect is collection。

　Government supplies are not requisitioned: the concept radius requisition

"Property Right Law" Article 44 and the "Emergency Copy Law" stipulates that the object requisition is "unit、Personal "property，Does the unit include government agencies? unit、Individuals generally mean subjects other than government agencies，The obtained object does not include all the materials of the government agency。And，"Constitution" Article 13、"Property Law" Article 44、"Infectious Disease Prevention Law" Article 45 and the "Emergency Copy Law" of Article 12 of the Code of Symptoms，"Property Law" Article 44、The Constitution of Article 45 of the Infectious Disease Prevention Law and Article 12 of the Capital Copy bet365 best casino games Law of the Infectious Incident is based on Article 13 of the Constitution，Article 13 of the Constitution only stipulates the collection of private property，The relationship between the country and citizens to deal with。So，The objects of collection and recruitment can only be the private property of citizens，The property of government agencies does not belong to the acquisition object。If the Health and Health Committee of the City A City does need to use the material of the city's epidemic prevention and control headquarters，The supplies of the cities of the epidemic prevention and control command cannot be used as the acquisition object，How to deal with it? It can only request support in accordance with Article 52, paragraph 1) of the "Emergency Corporation"，"The People's Government of the People's Government that fulfills the duties of unified leadership or organizes the disposal of emergencies，If necessary, you can ... ask other local people's governments to provide manpower、material resources、Finance or technical support "，Rules for applicable intergovernmental relations，Rules that are not applicable to deal with the relationship between state and citizen。

Look at the purpose of the requisition，Article 13 of the Constitution Bet365 lotto review stipulates that it can be collected for public interests，It is the prevalence of public interest relative to private interests，means that public interests are used as a limit on private property rights。The material of the city's epidemic prevention and control command serves the public interest，The purpose of requisitioned by the Health and Health Committee of Jia City is also public interest，As a public interest, the outbreak prevention and control of the city of A is not higher than that of the city's epidemic prevention and treatment as the public interest，Public interests cannot be used as a reason to limit public interests。Article 13 of the Constitution is the clause on the protection of the private property rights of citizens，The national collection and collection of private property is an exception.，The principle of proportion should be obeyed by the collection and collection，should be able to withstand costs and income analysis in the general sense。The Health and Health Committee of A City requisitions the mask of the cities of the epidemic prevention and control headquarters，It may be conducive to the prevention and control of the epidemic in the city，But the price is insufficient for the prevention and control supplies of the city of B，But the price is insufficient for the prevention and control supplies of the city of B，Ability to improve the prevention and control of the city's epidemic situation，The income is zero，The minimum damage required by the principle of proportion。

　　The legitimate procedure requisition: How to be fast without chaos

The "Measures for Emergency Expenses and Compensation" in a province does not specify the opinions of the stakeholder，The Health and Health Committee of Jia City should listen to the opinions of the stakeholder before the collection? If you can't check the property owner as soon as possible，Emergency，You can inform it with a legal space through the announcement，Don’t listen to the opinions of the stakeholder，It obviously violates the general requirements of the positive program。The admission is the unfavorable decision made by the property owner，Regarding the procedure bet365 best casino games requires that the administrative organs are in a disadvantage of anyone to make a decision，Listen to the opinions of the stakeholder。If the opinion of the stakeholder is time -consuming and laborious，At least you can listen to the verbal opinion of the property owner in accordance with the simple procedure。In this case，If the Health and Health Committee of A City Listen to the Opinions of the Cross City Epidemic Prevention and Control Headquarters，Not necessarily a collection decision。Proof of facts，The prevention and control of the city of B is more urgent than the city A，After the aftermath, City A withdrew the requisition decision，Relevant responsible persons are also subject to corresponding punishment。

City A after the mask，It should be actively compensated，instead of asking property owners to apply for compensation，As a province that regulates the province's "Emergency Expenses and Compensation Measures" required to apply for compensation for illegal law。The compensation of the government in the collection is a behavioral of power，Application of a person who does not need a stakeholder，The compensation procedure requisition should also be similar to this。Can the situation urgently be used as a reason for compensation for compensation? cannot，Emergency situation can only be the reason for compensation lag。The requisition authority may say that they do not know the price of the requisitioned materials or the loss of the property owner，Requires the property owner to apply，declaration price and loss。But loss compensation belongs to the scope that can be negotiated，The requisition authority can take the initiative to negotiate with the property owner after the emergency elimination，Counseling compensation can be compensated at a fair market price，No need to apply for property owner。Compensation is not awarded the right to property rights，Not a license，Not the record，Why are the parties apply for application? Do not apply is to give up compensation.，There must be a clear basis basis。Article 82 bet365 Play online games of the Legislative Law，"No law、Administrative Regulations、The basis for local regulations，Local government regulations shall not set damage to citizens、Rights of legal persons and other organizations or increase their obligations "，The above provisions of the above province's "Emergency Expenses and Compensation Measures" have reduced the right to property owner，Added the obligation of property owners，Article 82 of the Law of the Legislative Law。

　　Return or compensation: Not a problem

The Health and Health Committee of A City returns the same model of the city's epidemic prevention and control headquarters，It is no longer the return of the recruitment of the required legislative request，but compensation。The property required for returned is the return of the original，Is not the original items returned in the city，It can only be understood as compensation。There are two compensation methods in the collection method: currency or resettlement，resettlement is equivalent to physical compensation，Requirement compensation can also refer to the compensation method in the collection method，The right of the requisitioned person has the right to choose the compensation method。In the case of the Macau of the City of Epidemic in the City of A in the Health and Health Committee of A City，The Urban Epidemic Prevention and Control Command selects physical compensation。theoretically，Urban Epidemic Prevention and Control Headquarters may also require compensation for the loss of income during the recruitment of the requisitioned mask。

The epidemic will eventually pass，But the question left to us can be excavated for a long time，Recruitment problem is one of them。What is your contribution? The contribution of legal persons in the epidemic prevention can only be an institutional interpretation。After the epidemic，Legal person system explains that the cause still needs to continue。If it can be after the epidemic，Explain the general principle of collected，Construct a general specification for collected，Prepare Bet365 app download the necessary knowledge resources for future acquisition，It is also possible to contribute to the legal person to the prevention and control of the epidemic。

　　(The author is a professor at the School of Law of Xiamen University)