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中华人民共和国防震减灾法 THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON PRECAUTIONS AGAINST EARTHQUAKE AND RELIEF OF DISASTER

2006-05-14 17:37   我要纠错 | 打印 | 收藏 | | |

(Adopted by the 29th Meeting of the Standing Committee of the Eighth National People's Congress on December 29, 1997, promulgated by Order No. 94 of the President of the People's Republic of China on December 29, 1997)
颁布日期:19971229  实施日期:19980301  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Earthquake Monitoring and Prediction

  Chapter III Precautions Against Earthquake Disaster

  Chapter IV Earthquake Emergency Measures

  Chapter V Post-earthquake Relief and Reconstruction

  Chapter VI Legal Responsibilities

  Chapter VII Supplementary Provisions

  Chapter I General Provisions

  Article 1 With a view to preventing and relieving earthquake disaster, protecting safety of people's lives and property, and safeguarding smooth progressing of socialist construction, the present Law is made.

  Article 2 Where earthquake monitoring and prediction, precautions and emergency measures against earthquake disaster, post-earthquake relief and reconstruction (hereinafter referred to as earthquake precaution and relief) are conducted within the territory of the People's Republic of China, the present Law shall be applied.

  Article 3 The principle of giving priority to precautions and combining precautions and relieves shall be adopted in the work of earthquake precaution and relief.

  Article 4 The work of earthquake precaution and relief shall be covered by the planning on national economy and social development.

  Article 5 The state encourages and supports scientific and technological research on earthquake, spreads application of advanced scientific research achievements and improves work of earthquake precaution and relief.

  Article 6 Governments at different levels shall strengthen leadership over the work of earthquake precaution and relief, and shall organize relevant departments to take proper measures and do a good work for earthquake precaution and relief.

  Article 7 Under the unified leadership of the State Council, the administrative department of the State Council in charge of earthquake affairs, the administrative department in charge of comprehensive economic work, the administrative department in charge of construction, civil affairs department and other relevant departments shall, according to division of work and functions, take care of their own responsibilities and closely cooperate to do the work of earthquake precaution and relief well.

  Departments or agencies in charge of earthquake affairs and other relevant departments under local people's governments at or above the county level shall, under the leadership of the people's governments at the corresponding level and according to division of work and functions, take care of their own responsibilities and closely cooperate to do the work of earthquake precaution and relief well within their own administrative jurisdictions.

  Article 8 All units and individuals shall be obliged to take part in activities for earthquake precaution and relief.

  The People's Liberation Army, the People's Armed Police and the People's Militia shall fulfill tasks commissioned by the state for earthquake precaution and relief.

  Chapter II Earthquake Monitoring and Prediction

  Article 9 The state shall strengthen earthquake monitoring and prediction, encourage and give support to scientific and technological research on earthquake and improve earthquake monitoring and forecasting performance step by step.

  Article 10 The administrative department of the State Council in charge of earthquake affairs shall be held responsible for formulating programmes on earthquake prevention and relief for the whole country and for organizing implementation of those programmes.

  Administrative departments in charge of earthquake affairs under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall, according to the national programme on earthquake precaution and relief, be responsible for formulating local programme on earthquake precaution and relief within their respective administrative jurisdictions, and for organizing implementation of that programme.

  Article 11 The administrative department of the State Council in charge of earthquake affairs shall, in light of earthquake activity trend, put forward opinions on ascertaining of focal areas for earthquake monitoring and precaution and submit those opinions to the State Council for approval.

  Where focal areas for earthquake monitoring and precaution are nominated, departments or agencies of local people's governments at or above the county level in charge of earthquake affairs shall strengthen work of earthquake monitoring, formulate both short-term and close-on-earthquake programmes on forecasting, establish a meeting mechanism for discussing information about and tracing development of earthquake and improve performance of monitoring and prediction.

  Article 12 The administrative department of the State Council in charge of earthquake affairs and departments or agencies of local people's governments at or above the county level in charge of earthquake affairs shall strengthen review, supervision, transmission, analysis and treatment of information concerning earthquake activities and warning signs and strengthen forecasting of the place, time and degree of earthquake that occurs probably.

  Article 13 The state shall, for purpose of establishing an earthquake monitor network, adopt a system of unified planning but management by different levels in light of different categories.

  The national earthquake monitor network comprises basic earthquake monitor networks of the state, provincial earthquake monitor networks and city or county earthquake monitor networks. Investment required for their construction shall be borne by the state and local finances according to the principle of linking financial power with administrative jurisdiction.

  Where an earthquake monitor network is intended for service of a specific unit, the unit shall be responsible for investment in its construction and management and subject it to the instruction of the department or agency in charge of earthquake affairs under the respective local people's government at or above the county level.

  Article 14 The state shall protect earthquake monitoring facilities and surroundings according to law. No unit or individual may damage earthquake monitoring facilities or surroundings. The scope of protection shall be designated for earthquake monitoring surroundings in light of the requirement of no interfering source around monitoring facilities which functions may be affected.

  "Earthquake monitoring facilities" as is mentioned in the present Law refers to monitoring facilities, equipment, instruments of earthquake monitor networks or other earthquake monitoring facilities, equipment, instruments established according to regulations of the administrative department of the State Council in charge of earthquake affairs.

  Article 15 New constructions, expanded constructions or reconstruction projects shall prevent from causing damage to earthquake monitoring facilities and surroundings. Where avoidance of such damage is really impossible, the construction unit shall, before beginning construction operations, first obtain permission from the administrative department of the State Council in charge of earthquake affairs or of its authorized department- or agency-in-charge under the local people's government at or above the county level and take relevant measures according to corresponding provisions of the State Council.

  Article 16 The state adopts a system of unified disclosure of information upon earthquake forecast.

  Short-term earthquake forecast and close-on-earthquake forecast shall be conducted by the people's government of province, autonomous region or municipality directly under the Central Government according to procedures stipulated by the State Council.

  Any unit or professional worker engaged in earthquake work shall, when having opinions about short-term earthquake prediction or close-on-earthquake prediction, report such opinions to the administrative department of the State Council in charge of earthquake affairs or the relevant department- or agency-in-charge under the local people's government at or above the county level for their handling according to above-mentioned stipulations. They may not arbitrarily disclose them to the public by themselves.

  Chapter III Precautions Against Earthquake Disaster

  Article 17 New constructions, expanded constructions or reconstruction projects shall meet anti-seismic requirements for protection from earthquake.

  All construction projects, except those mentioned in the third paragraph of the present Article, shall set up anti-seismic defences according to defensive requirements against earthquake as are promulgated by the state in the earthquake intensity district-division map or earthquake parameter district-division map.

  Important construction projects and construction projects which may possibly cause severe secondary calamities shall be subject to earthquake safety assessment and shall set up anti-seismic defences according to defensive requirements against earthquake as are determined in light of results of such assessment.

  "Important construction projects" as is mentioned in the present Law refers to those projects which are of important value to the society or have important influence.

  Construction projects which may possibly cause severe secondary calamities mentioned in the present Law refers to those projects like large reservoir dams, dykes, facilities for storage of oil, gas, combustibles, explosives, extremely poisonous or strong corrosive matters or other construction projects that may, after damaged by earthquake, cause flood, fire, explosion, leak of extremely poisonous or strong corrosive matters in large volume or cause other kind of severe secondary calamities.

  Nuclear power stations and nuclear construction projects, which, after damaged by earthquake, may cause severe secondary calamity of radioactive pollution, shall be subject to serious earthquake safety assessment and adopt strict anti-seismic defences according to law.

  Article 18 The administrative department of the State Council in charge of earthquake affairs shall be held responsible for drawing earthquake intensity districts-division map or earthquake parameter districts-division map and for examination and approval of results of earthquake safety assessment.

  The administrative department of the State Council in charge of construction affairs shall be held responsible for formulating rules regarding anti-seismic design for different kinds of houses, buildings, subsidiary facilities and public municipal facilities except for where it is otherwise stipulated in the third paragraph of the present Article.

  Departments of the State Council in charge of railway, transport, civil aviation, water conservancy projects and other relevant departments-in-charge shall be held responsible for formulating rules regarding anti-seismic design for construction of railways, highways, harbours, ports, airports, water conservancy projects or other special projects.

  Article 19 Construction projects must have their anti-seismic design according to anti-seismic defensive requirements and anti-seismic design rules, and construction operations be conducted according to anti-seismic design.

  Article 20 Following constructions and structures, if already built without anti-seismic defences against earthquake, shall be subject to assessment in terms of anti-seismic performance according to relevant state provisions and be reinforced with necessary earthquake-resisting fortifications:

  (1) constructions or structures in important construction projects;

  (2) constructions or structures that may possibly cause severe secondary calamities;

  (3) constructions or structures that are of important cultural relic value or commemorative significance; and

  (4) constructions or structures that are located within focal areas for earthquake monitoring and precaution.

  Article 21 Where there are sources of secondary calamities caused by earthquake like fire, flood, landslide, radioactive pollution or epidemics, the concerned local people's governments shall adopt proper and effective preventive measures.

  Article 22 In light of earthquake information and predictive conclusions, the administrative department of the State Council in charge of earthquake affairs and departments- or agencies-in-charge under local people's governments at or above the county level shall jointly formulate the programme with relevant departments at the corresponding level on earthquake precaution and relief, submit the programme to the people's government at the corresponding level and organize its implementation after approved.

  Revision of the programme on earthquake precaution and relief shall be subject to approval of the same agency who first authorized the programme.

  Article 23 People's governments at different levels shall organize dissemination and education in knowledge about precautions against earthquake and relief of disaster, strengthen the people's awareness of earthquake precaution and relief, improve citizens' ability to relieve by themselves and help each other in case of the disaster, reinforce training of relevant professionals so as to improve efficiency of emergency aid for disaster relief.

  Article 24 People's governments at or above the county level in designated focal areas for earthquake monitoring and precaution shall, in light of real necessity and possibility, include in financial budget at the same level or in goods reserve proper funds and goods for the purpose of defence against earthquake and relief of disaster.

  Article 25 The state encourages units and individuals to join earthquake disaster insurance.

  Chapter IV Earthquake Emergency Measures

  Article 26 The administrative department of the State Council in charge of earthquake affairs shall, jointly with other relevant departments of the State Council, formulate preparative programme on emergency measures against destructive earthquake and submit such programme to the State Council for approval.

  Relevant departments of the State Council shall, according to the preparative programme on emergency measures against destructive earthquake, formulate, for the respective departments themselves, their own preparative emergency programmes against destructive earthquake, and shall submit such programmes to the State Council for approval.

  Where destructive earthquake is possible to take place, departments or agencies in charge of earthquake affairs under people's governments at or above the county level, shall, in light of the state preparative programme on emergency measures against destructive earthquake, formulate for the respective areas regional preparative programmes on emergency measures against destructive earthquake jointly with other relevant local departments, and shall submit such programmes to the people's government at the same level for approval. Preparative programmes on emergency measures against destructive earthquake formulated by province, autonomous region or city with a population of more than one million shall submit the programmes for record to the administrative department of the State Council in charge of earthquake affairs.

  "Destructive earthquake" as is mentioned in the present Law refers to such earthquake that causes personal casualties or/and property loss.

  Article 27 The state encourages and supports research and development of technologies and equipment for earthquake emergency relief.

  Where it is possible to have destructive earthquake, the people's governments at or above the county level shall instruct relevant departments to arrange for necessary reserve of earthquake emergency rescue and relief equipment and conduct training in using such equipment.

  Article 28 A preparative programme on emergency measures against destructive earthquake shall include the following contents:

  (1) composition and responsibility of the emergency agency;

  (2) safeguarding of emergency telecommunication;

  (3) composition of emergency rescue personnel and preparation for emergency funds and goods;

  (4) preparations for equipment for emergency relief and rescue;

  (5) preparations for calamity assessment; and

  (6) emergency programme of actions.

  Article 29 After release of a close-on warning against a destructive earthquake, the people's government of concerned province, autonomous region or municipality directly under the Central Government may declare that the forecastedarea enters a close-on-earthquake emergency period; relevant local people's governments shall, according to preparative programmes on emergency measures against destructive earthquake, organize relevant departments to mobilize social forces for proper preparations for rescue and relief.

  Article 30 When a severely destructive earthquake takes place, the State Council shall set up an earthquake rescue and relief headquarter to organize enforcement of the corresponding preparative programme on emergency measures against destructive earthquake. The executive agency of the State Council earthquake rescue and relief headquarter shall be set up within the administrative department of the State Council in charge of earthquake affairs.

  When a destructive earthquake takes place, relevant local people's governments at or above the county level shall set up an earthquake rescue and relief headquarter to organize enforcement of corresponding preparative programmes on emergency measures against destructive earthquake.

  "Severely destructive earthquake" as is mentioned in the present Law refers to such disaster of earthquake that causes severe casualties and property loss, totally or partially forfeits self-recovery ability of the earthquake-strickenarea and therefore necessitates state actions in response.

  Article 31 People's governments at different levels in the disaster afflicted area shall timely report to people's government at next higher level information about situation, conditions and development of the disaster. The people's government of the earthquake-stricken province, autonomous region or municipality directly under the Central Government shall release to the public information about the earthquake and consequent situations according to corresponding provisions of the State Council.

  The administrative department of the State Council in charge of earthquake affairs or the department-in-charge of the people's government of earthquake-stricken province, autonomous region or municipality directly under the Central Government shall, together with other relevant departments, timely conduct investigation and assessment of the losses caused by earthquake. Result of the investigation shall be timely reported to the people's government at the same level.

  Article 32 When a severely destructive earthquake takes place, for the purpose of emergency disaster relief and rescue and maintenance of social order, the State Council or the people's government of the concerned province, autonomous region or municipality directly under the Central Government may execute following emergency measures in the disaster afflicted area:

  (1) control of traffic;

  (2) unified supply and distribution of those basic livelihood necessities like foods and medicines;

  (3) provisional requisition of houses, transport tools and telecommunication facilities; and

  (4) other emergency measures deemed necessary.

  Chapter V Post-Earthquake Relief and Reconstruction

  Article 33 When a destructive earthquake takes place, local people's governments at different levels in the disaster afflicted area shall mobilize all forces to rescue people and organize grass-roots units and people to relieve themselves and help each other. Local people's governments at different levels in other areas shall organize and mobilize social forces to offer aid to the earthquake-stricken area in light of consequent situation and condition of the earthquake.

  When a severely destructive earthquake takes place, the State Council shall provide relief and aid to the disaster afflicted area and instruct the department in charge of comprehensive economic work to coordinate overall disaster-relief work and arrange for relief funds and goods with other relevant departments in a unified manner.

  Article 34 Local people's governments at or above the county level in the earthquake-stricken area shall organize sanitation, medical and other departments and units to conduct proper medical salvage, sanitation and anti-epidemic work.

  Article 35 Local people's governments at or above the county level in the earthquake-stricken area shall organize civil affairs and other relevant departments and units to immediately set up refuges and relief distribution stations for supply of relieves, proper arrangements for victims' livelihood and for transfer and settlement of the victims.

  Article 36 Local People's governments at or above the county level in the earthquake-stricken area shall organize departments of communication, posts and telecommunication, construction and other relevant departments and units to adopt measures for recovery of damaged systems for traffic, communication, water supply, sewage, transmission of electricity, supply of gas, petroleum line as soon as possible, and to take emergency protective measures against secondary calamity sources.

  Article 37 Local people's governments at or above the county level in the earthquake-stricken area shall organize public security organs and other relevant departments to strengthen security management and arrangement, prevent and crash down upon different kinds of crimes and maintain social order.

  Article 38 Houses, transport tools, telecommunication facilities held in temporary requisition out of disaster relief necessity shall be timely returned afterwards. In case of damage or impossibility to return, proper compensation or other proper treatment shall be made according to relevant stipulations of the State Council.

  Article 39 During disaster relief after occurrence of earthquake, any unit or individual shall observe law and disciplines, comply with social morale, obey directions and help maintain social order.

  Article 40 Any unit or individual may not hold back or divert to other uses funds or goods intended for earthquake disaster relief.

  Auditing agencies of people's governments at different levels shall strengthen auditing supervision over use of funds for earthquake disaster relief.

  Article 41 Local people's governments at or above the county level in the earthquake-stricken area shall, in light of earthquake disaster conditions and in accordance with defensive requirements against earthquake, make unified planning and arrangements for reconstruction of earthquake-stricken area.

  Article 42 The state shall protect typical earthquake ruins and remains according to law.

  Protection of typical earthquake ruins and remains shall be included in the programme for reconstruction of the earthquake-stricken area.

  Chapter VI Legal Responsibilities

  Article 43 Where any of the following actions takes place in violation of the present Law, the administrative department of the State Council in charge of earthquake affairs or departments- or agencies-in-charge under local people's governments at or above the county level shall order a stop of the offence, recovery to the original state or other compensations; where the case is serious, a fine of 5000 yuan to 100,000 yuan may be imposed; in case a loss is caused, the offender shall bear civil liability; if a crime is constituted, criminal liability shall be assessed.

  (1) new construction, expanded construction or reconstruction project that jeopardizes earthquake monitoring facilities or surroundings but does not obtain approval in advance or take proper measures; or

  (2) sabotage on typical earthquake ruins or remains.

  Article 44 If, in violation of stipulations in the third paragraph of Article 17, the relevant construction unit does not conduct earthquake safety assessment or does not set up earthquake-resisting defences according to defensive requirements against earthquake as determined in light of the result of such assessment, the administrative department of the State Council in charge of earthquake affairs or departments- or agencies-in-charge under local people's governments at or above the county level shall order correction of the offence and impose a fine of more than 10,000 yuan but less than 100,000 yuan.

  Article 45 Where any of the following actions occurs in violation of the present Law, administrative departments of people's governments at or above the county level in charge of construction affairs or other relevant departments-in-charge shall, according to their respective functions and powers, order a correction of the violation and impose a fine of more than 10,000 yuan but less than 100,000 yuan:

  (1) conduction of anti-seismic design without complying with rules regarding anti-seismic design; or

  (2) operation of construction without complying with anti-seismic design.

  Article 46 Where funds or goods for earthquake disaster relief are held back or reverted to other uses, criminal liability shall be assessed in case a crime is constituted; or administrative punishment shall be imposed in case the offence does not constitute a crime.

  Article 47 In the case that state functionaries abuse power, ignore duties or conduct malpractice for personal profits in the work of earthquake precaution and disaster relief, criminal liability shall be assessed in case that a crime is constituted; or administrative punishment shall be imposed incase a crime is not constituted.

  Chapter VII Supplementary Provisions

  Article 48 The present Law shall come into effect as of the date of March 1, 1997.

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