Provisions of China Municipality on Civil Aviation Emergency Management

Chapter I General Provisions 1. Necessity of Compilation

After the SARS in p>23, the CPC Central Committee and the State Council attached great importance to emergency work, and in 25, they issued the National General Emergency Plan and a number of special plans, and in 27, they promulgated and implemented the Law of the People's Republic of China on Emergency Response. The Civil Aviation Administration actively implemented the relevant work requirements of the CPC Central Committee and the State Council, and successively took the lead in formulating two national special emergency plans, such as the National Emergency Plan for Handling Civil Aircraft Flight Accidents and the National Emergency Plan for Handling Hijacking Incidents, initially established an emergency management system, and organized civil aviation units to respond to or participate in many emergencies. However, with the gradual deepening of emergency work, some deep-seated problems are gradually exposed.

first, there is a lack of unified definition of the responsibilities of civil aviation emergency work. The work practice in recent years shows that the interaction between emergencies and civil aviation activities is very complicated, and civil aviation emergency work should not be limited to aircraft accidents and hijacking incidents. However, due to the lack of a unified definition, there are still obvious differences between the emergency work carried out by some units and the responsibilities and obligations that should be fulfilled.

Second, there is a lack of comprehensive understanding of the contents of civil aviation emergency work. The emergency response includes prevention and emergency preparation, monitoring and early warning, emergency disposal and rescue, and post-event recovery and reconstruction. However, in practical work, it is common to equate emergency response with emergency response, and there is a huge gap between the actual work content and the requirements of comprehensively strengthening emergency management.

thirdly, there is a lack of correct understanding of the methods of civil aviation emergency work. The complex process of emergency response and its complex relationship with civil aviation activities determine that civil aviation emergency response needs the extensive participation and concerted efforts of all units and their internal institutions, and the management system and working mechanism should be established and improved according to the principle of network organization. However, in actual work, the working system of some units is still not perfect and the mechanism is still not smooth enough.

fourth, the foundation of civil aviation emergency work is not solid enough. Civil aviation is one of the few industries in China that implement unified supervision and management. The current system determines that all aspects of emergency response will eventually be implemented in civil aviation enterprises and institutions. Therefore, there is a certain gap between the general principles stipulated in the Emergency Response Law and the actual situation of civil aviation. If this problem is not solved, the role of civil aviation enterprises and institutions will not be fully exerted, and there will be no solid and reliable foundation for strengthening civil aviation emergency work.

the above factors make some units still have problems such as weak crisis awareness, insufficient resources investment, insufficient preparation in advance, unclear job responsibilities and low emergency response ability, and it is also difficult to carry out the organization, coordination, supervision and inspection of civil aviation management departments at all levels. Therefore, it is necessary to formulate and promulgate "China Civil Aviation Emergency Management Regulations" to promote the comprehensive strengthening of civil aviation emergency work. Ii. compilation process

in p>26, the CAAC set up a compilation team for the overall emergency plan for civil aviation emergencies in China, but in the process of drafting, it encountered the problem of insufficient effectiveness of the plan. With the consent of the leaders of the Civil Aviation Administration and the General Office, the writing team decided to draft the General Emergency Plan for Civil Aviation Emergencies in China and the Regulations on Civil Aviation Emergency Management in China simultaneously in 27, and in June 28, with reference to the Emergency Response Law, the Civil Aviation Law and other relevant laws and regulations, combined with the practical experience of strengthening emergency work in civil aviation in recent years, the writing of the Regulations (draft for comments) was completed, and After analyzing, summarizing and adopting more than 9 opinions (suggestions) from various units, a review meeting was held in Xi 'an on September 18 and 19, 28, and 16 expert representatives from the Civil Aviation Administration, regional administrations, security technology centers, some airlines, airports and other units were invited to review the Regulations one by one, and revised them again according to the expert opinions. In October 28, it was submitted to the regulatory department of the Civil Aviation Administration for review. In December 29, the regulatory department of CAAC held a regulatory review meeting in Beijing, and after the meeting, the regulatory department and the writing team revised and improved the Regulations again according to the review opinions. On January 25, 21, the newspaper requested the executive meeting of the Civil Aviation Administration of China to review and pass. Iii. basic contents

the regulations consist of eight parts, namely, general provisions, management system and organization, prevention and preparation, prediction and early warning, emergency response, aftermath, legal responsibilities and supplementary provisions. The Regulations define the responsibilities and contents of civil aviation emergency work; The principle of implementing hierarchical response is put forward. Based on the principle of network organization structure, an emergency management system is planned, with the leading group of emergency work of CAAC as the leading institution, the leading group office as the core institution and all functional departments of CAAC as the working institutions. The complex relationship between emergencies and civil aviation is explained accurately. The basic contents and requirements of all aspects of civil aviation emergency work have been stipulated accordingly.

this regulation aims at clarifying the basic concepts, principles and requirements of emergency work, and focuses on emergency work that has not been stipulated in the existing civil aviation regulations, striving to maintain consistency with the existing civil aviation regulations. in addition, an exception clause of "other civil aviation regulations implemented before the promulgation of this regulation have other provisions on the specific content of civil aviation emergency work, which shall prevail" has been added in the supplementary provisions, so as to meet the need to strengthen emergency management on the premise that the responsibilities of the original institutions remain basically unchanged.