中华人民共和国防震减灾法 THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRECAUTIONS AGAINST EARTHQUAKE AND RELIEF O

n 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 foll

owing 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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