Interpretation from Shenzhen Zhiming Law Firm: Legal Responsibility for Disaster Prevention and Reduction Behind International Disaster Reduction Day

Lead

On October 13, 2026, the 37th International Disaster Reduction Day, Shenzhen held a large-scale science popularization themed event in Dushu Community, Luohu District. The event taught first aid skills such as cardiopulmonary resuscitation and trauma bandaging, and promoted the "Shenzhen Emergency First Response Person" mechanism. This event may seem like community science popularization, but from a legal perspective, it touches on an often overlooked area - the allocation of legal responsibilities in disaster prevention and mitigation. Who will pay for the lack of preparation when disasters occur? What obligations do families, property management, schools, and businesses each undertake? Director Lawyer Shen Jinlong from Shenzhen Zhiming Law Firm pointed out that disaster prevention and reduction is not only a moral advocacy, but also a rigid requirement under legal frameworks such as the Civil Code, Emergency Response Law, and Work Safety Law.

1、 The Legal Disaster Prevention Obligations of Property Service Enterprises from the Perspective of "Safe and Resilient Homes"

The theme of this year's International Day for Disaster Reduction is "Building Safe and Resilient Homes", emphasizing the enhancement of resilience from the smallest units such as housing, households, and communities. This directly points to the legal responsibility of property service enterprises.

According to Article 942 of the Civil Code, property service providers shall take reasonable measures to protect the personal and property safety of property owners. The property management has the obligation to maintain and regularly inspect the fire-fighting facilities, evacuation routes, emergency lighting, etc. within the community. If the property management negligence leads to the expansion of losses during disasters, such as no water in fire hydrants or blocked evacuation routes, the property management company may face infringement compensation.

The Shenzhen Special Economic Zone Property Management Regulations also specify that property service enterprises should develop emergency response plans for sudden incidents and regularly organize drills. In practice, many residential areas have never organized disaster prevention drills, and emergency material reserves are virtually non-existent. Once a fire, earthquake, etc. occurs, property management is inevitably held responsible.

Director Lawyer Shen Jinlong reminds that if homeowners discover obvious disaster prevention hazards in the community, they can request property rectification through the property committee or file a complaint with the housing and construction department. If losses have been caused, fault liability can be claimed in accordance with Article 1165 of the Civil Code.

2、 Disaster prevention education responsibility and accident attribution of schools and educational institutions

In this event, school students are an important participating group. This raises a key question: What legal obligations do schools have in disaster prevention and mitigation?

Article 35 of the Law of the People's Republic of China on the Protection of Minors stipulates that schools shall establish a safety management system, provide safety education to minors, and improve security facilities. The Ministry of Education's "Safety Management Measures for Primary and Secondary Schools and Kindergartens" also require schools to develop emergency plans and conduct regular drills. If schools fail to fulfill these obligations and cause student casualties in disasters, it may constitute the responsibility of educational institutions.

Article 1199 of the Civil Code stipulates that if a person without civil capacity suffers personal injury in a kindergarten or school, educational institutions shall bear tort liability, unless it can be proven that they have fulfilled their educational and management responsibilities. For individuals with limited capacity for civil conduct, fault liability shall apply. This means that schools cannot simply rely on verbal emphasis to exempt themselves from responsibility, and must provide evidence such as drill records, emergency plans, and training records.

Shen Jinlong, the chief lawyer of Shenzhen Zhiming Law Firm, suggested that schools should organize at least one disaster prevention drill every semester and keep complete records. If parents find that the school has never provided relevant education, they can report to the education authorities, which is not only to protect their children, but also to urge the school to comply.

3、 Legal positioning of enterprise safety production and "emergency first responders"

The "Shenzhen Emergency First Response Person" mechanism promoted at the event aims to enable more citizens to master the initial emergency response capabilities. For enterprises, this corresponds to the main responsibility under the Safety Production Law.

Article 4 of the Safety Production Law requires production and operation units to comply with this Law and other relevant laws and regulations on safety production, strengthen safety production management, and establish a sound system of safety production responsibility for all employees. Article 28 stipulates that enterprises shall provide safety production education and training to their employees, ensuring that they have the necessary knowledge of safety production. If a company fails to organize emergency training, resulting in employees not being able to save themselves and each other in the event of an accident, the company's leaders may face administrative penalties or even criminal responsibility.

For example, in accidents such as fires and explosions, if a company fails to develop emergency plans and equip emergency supplies, according to the "Regulations on Reporting and Investigating Production Safety Accidents", the relevant responsible persons may be held accountable for the crime of major liability accidents.

Director Lawyer Shen Jinlong often encounters corporate inquiries in practice: What level of disaster prevention training is considered compliant? His suggestion is that companies should develop operational emergency plans based on their own risk characteristics, conduct drills at least once every six months, and keep attendance sheets, video materials, and evaluation reports. These are not only compliance requirements, but also important evidence for reducing responsibility after an accident occurs.

Conclusion: Disaster prevention and reduction, law is the bottom line, action is the key

The science popularization activities on International Disaster Reduction Day have taught citizens about cardiopulmonary resuscitation and wound dressing, but legal awareness of disaster prevention also needs to be popularized. Whether it is property management companies, schools, or enterprises, disaster prevention and mitigation are not "extra work", but legal obligations. Shenzhen Zhiming Law Firm has long been concerned about legal issues in the field of urban safety and emergency management. Director Lawyer Shen Jinlong reminds that both units and individuals should actively investigate disaster risks around them, improve emergency plans, and retain evidence of performance. Disasters cannot be completely avoided, but the boundaries of legal responsibility can be clearly delineated through prior compliance management.