| China is in the period of industrialization and urbanization accelerated development, the security situation of the environment is still grim. Environmental risks brought about by a variety of natural disasters and human activities continue to intensify, the environmental emergencies incentives become more diverse and complex. Environmental deterioration has not been fundamentally curbed; enterprise illegal issues are still prevalent, prominent environmental potential risks; environmental emergencies continued to show a high trend of frequent cross-border pollution, heavy metals and toxic and hazardous substance pollution incidents, social harm and affect significantly add large. At present, China’s modernization drive has entered a new stage in the critical period of reform and development, and increasing factors affecting public safety, various types of environmental emergencies occur. However, China’s environmental emergency basis for the work is still relatively weak, the legal mechanism is not perfect, prevention and the ability to dispose of environmental emergencies needs to be improved.Environmental emergencies as a starting point, this article discusses the meaning of environmental emergencies, pointed out that environmental emergencies with sudden and uncertainties, emergency response urgency and seriousness of the harmful consequences explain perfect environmental emergency legal mechanism should have the features and the main content of China’s environmental Emergency rule of law; Second, based on the ConocoPhillips oil spill and Shanxi aniline leak emergency practice, the article discusses the legal mechanisms of Environmental Emergency legal provisions operability, emergency organizations, public participation system, information disclosure system, recovery after the work system deficiencies. For the lack of our country, the article describes the emergency management in the United States legal system, organization, early warning mechanisms, Japan’s disaster prevention plans, disaster prevention and communication systems, and national self-help capacity-building as well as Germany’s emergency management system of training and volunteer training system. Finally, the article concludes that improve our environmental emergencies legal mechanism should be established principle of administrative emergency, improve legal norms operability, the formation of a comprehensive emergency management organization, establish and improve public participation in the system and improve the recovery after the work system. |