On The Legal Regulation Of Emergency Treatment Of Marine Environmental Pollution Emergencies

In recent years,the frequent occurrence of marine environmental pollution emergencies has had a great impact on the stability of marine ecosystem and the steady development of human society.As one of the legal mechanisms and core measures to deal with the risk of emergencies,the legal system of emergency disposal currently has legal provisions in the field of marine environmental pollution emergencies,but there are a series of outstanding problems that need to be solved urgently.Therefore,this paper discusses from the following four parts,from the perspective of administrative law,and realizes the perfection of the legal system of marine environmental pollution emergency disposal through the innovation of legal regulation.The first part is the general theory.Marine environmental pollution emergencies are accident disaster emergencies,which have three basic characteristics: big,urgent and public.Therefore,a special and powerful administrative power-emergency disposal right is needed to deal with it,but five principles must be followed when exercising this power because of its expansibility.At the same time,the inherent contradictions in the legal system,system and mechanism of emergency response system also provide the necessity for legal regulation.The second part is the current situation of legislation and system.As far as the current legislative situation is concerned,China’s Constitution and laws have relevant provisions on environmental emergencies,and the legal norms that specifically regulate the emergency handling of marine environmental pollution emergencies are more common in administrative regulations and rules.In terms of marine law enforcement,after the reform of state institutions in 2018,the status quo of the compound law enforcement system of "industry management and integration" was presented.The third part,based on the current research,summarizes the legal problems existing in the emergency disposal of marine environmental pollution emergencies in China and their reasons.Due to the subjective deviation of value orientation and the objective limitation of legal regulation itself,there are five problems at present:incomplete legal provisions on emergency information disclosure,inadequate norms on special procedures for emergency handling,unreasonable division of responsibilities of administrative emergency handling subjects,insufficient legal supervision on emergency handling and imperfect accountability mechanism.The fourth part is suggestions for improvement.Firstly,the legal provisions of emergency information disclosure should be perfected from three aspects: updating the value concept of emergency information disclosure,broadening the scope of the subject of emergency information disclosure obligations,and reasonably disclosing the contents of government emergency information.Second,make clear the special procedures for emergency handling in legislation,and pay attention to the democracy of emergency procedures.Third,when reasonably dividing the responsibilities of administrative emergency response subjects,we should first clarify their specific responsibilities,and on this basis,we should strengthen the horizontal linkage among the subjects.Fourth,strengthen the legal supervision of emergency disposal from both internal and external directions.Fifth,construct a heterogeneous,pluralistic and collaborative accountability subject structure,and clarify the accountability object and scope,so as to improve the accountability mechanism of the emergency response system.