Research On China's Legal System Of Emergency Response To Sudden Environmental Accidents

For many years, while focusing on economic growth and economic returns, we have not paid sufficient attention to the problem of environmental protection and biological benefits. We have over-demanded the rapid economic development and over-consumed the resources and energies, which has brought about environmental pollution and damage to the biological system. The environmental risks are everywhere. Fact that China has entered an age for frequent occurrence of sudden environmental accidents is one of the examples, together with serious harm to the basic living environment of common people and tremendous shock to the state safety and social stability. Faced with this serious situation, one of the successful experiences from foreign countries is to establish a perfect legal system of emergency response to sudden environmental accidents, take active and effective emergency administrative measures, timely dissolve the risks and maintain social harmony and stability.In spite of the primary establishment of the legal system of emergency response to sudden environmental accidents in China, the trend of frequent occurrence of sudden environmental accidents has not been contained owing to the insufficiency in legislation and practical implementation. Therefore, this thesis attempts to make a brief sorting-out and analysis of the current legal system of emergency response to sudden environmental accidents in China in order to find out the deficiencies and put forward suggestions for further improvements. This thesis consists of several parts. The thesis starts with the introductory part. Then in Part One the thesis makes a brief analysis of sudden environmental accidents. Part Two illustrates the theoretical bases for the legal system of emergency response to sudden environmental accidents. Part Three studies on the legal system of emergency response to sudden environmental accidents in China. And Part Four suggests further improvement for China's legal system of emergency response to sudden environmental accidents.In Part I, the author defines the basic concepts in the thesis, such as environmental accidents, sudden environmental accidents, and then summarizes five features of sudden environmental accidents. In Part II, the author lays the theoretical bases with the theory of comprehensive prevention against pollution and the management theory of environmental crisis, and makes a brief analysis of the relation between these two theoretical bases and the emergency management of sudden environmental accidents. In Part III, the formation process of China's legal system of emergency response to sudden environmental accidents is introduced, which is followed with the detailed analysis of the deficiencies and reasons. In Part IV, in view of the deficiencies in the current emergency response system, the author puts forward several suggestions for further improvements, such as setting up comprehensive and authoritative emergency administrative institutions, establish smooth disclosure system of environmental information, build up highly-efficient guarantee system of environmental emergencies, establish effective system of legal emergency aftereffects, etc..