The Research On The Legal System Of Emergency Pollution Affairs

Since the beginning of the 21^st century, the environmental risk, which has been accumulated for long, has turned out before us constantly in terms of emergency pollution affairs. Their latent and protracted characters in time, interregional diffusion in space, and irreversibility result in fatal damages of people's live, mental health, property, the safety of national environment, development of industrial and agricultural production, social stability, and international relationship.As a systematical guarantee of prevention and conduction of emergency pollution affairs, the emergency legal system of emergency pollution affairs has become a key component in emergency mechanisms of emergency pollution affairs in different countries. Recently, China has also invested large amount of legislative resources to construct the emergency legal system. So far, it has already built up the rudiments of emergency system of emergency pollution affairs legally, organizationally, and systematically. However, the emergency system still has some problems as a whole, such as the low status of legislation, distempered legal system, a lack of target, and incompleteness in system.On concluding the experiences of foreign emergency legal system of emergency pollution affairs and other kind of emergency legal system of emergency affairs in China, this thesis puts forward some ideas to complete the emergency legal system of emergency pollution affairs in China. Firstly, update the basic principals and establish the principals of "environmental risk prevention", "administration emergency", and "public participation directed by the government". Secondly, establish the linking system of the emergency pollution affairs and the emergent conditions. Thirdly, establish the system of resuming plans and complete the compulsive liability insurance of emergency pollution affairs to enhance the emergency resumption of emergency pollution affairs. Last but not the least, the thesis puts forward some suggestions to complete the legal responsibility of disobeying the emergency legal system of emergency pollution affairs.