Study On Emergency Legal System Of Environment Emergency

China is one of the few countries occurring the most serious environmental emergencies around the world. In December,2009, the National Environmental Emergency Management Conference is held in Beijing. It discloses that there are 170 environmental emergencies occurred in the country in 2009, increased 25.93% over the previous year, involving more provinces than the previous year, in which Ranching water supply breakdown in Pianist, Fengxiang lead poisoning cases in Shanxi, two incidents of arsenic exceeding in Shandong and Jiangsu Flood Diversion Road have evoked strong repercussion in the country.In China, environmental emergency legal system is still in its infancy. Though, the State Council has already promulgated "State environmental emergencies contingency plan" in 2006, and "The People's Republic of China Emergency Response Law" has gone into effect in 2007, however, the majority of emergency researches for environmental emergency are not systematic but scattered, and some legal systems are even lack of maneuverability. This thesis firstly gives a general introduction of environmental emergency, and then discusses the characteristics of environmental emergency. It also indicates the necessity of constructing environmental emergency legal system. As the environmental emergencies are provided with a long-term latent, spreading, and irreversible nature, it becomes the highest priority that China should engage in the legal control during the whole process from prevention to recovery on the environmental emergency management, on the basis of analyzing related foreign legal systems. In order to improve environmental emergency legal system, we should clarify the existing laws and regulations and carry out the real efficiency. On prevention, we should build up a material logistics legal system for environmental emergency; on response, we should establish a coordinated management system, in order to disclose information; on recovery, we should improve the recovery system and investigate the legal responsibility of the parties. Only in this way, losses that caused by damage can be reduced to the minimum, and the human living environment can be protected to the maximum.