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Environmental Emergency Legal System In China To Study

Posted on:2008-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:W LanFull Text:PDF
GTID:2206360212485578Subject:Economic Law
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With the development of our country economy in high speed, various latent risk increases gradually. In the last few years, our country took place the outburst environmental events repeatedly. These outburst environmental events make people and their properties suffer more serious damages, and increase the unsteady factor to the development of economy and the stabilization of our society. It seems that some problems appear in the process of dealing with the emergency when outburst environmental events took place, such as the occurrence of environment pollution and ecosystem breakage. These emergence problems are concerned with the lack of the law and unthoughtful law provision and the law loose link. Since the pollution events took place in SONG HUA JIANG River in November, 2005, the problem of the legal environmental emergency system has come to people's attention. In January, 2006 the Emergency Counterplan Of Outburst Environment Events released, it is important to perfect the legal emergency system of outburst environment events, and improve government's ability to prevent and disposing the outburst environment events, and build the socialism and diapason society. But it still need longer time to build up the complete law emergency system of outburst environment events. Therefore, the researches of the legal system on meeting outburst environment events about our country have great theories and realistic significance.This essay is composed of five parts: the foreword; the first chapter is the general situation of the origin and development of the legal systemon meeting outburst environment events in our country; the second chapter is the lawmaking experience of other countries on meeting outburst environment events; the third chapter is the blemish of the legal system on meeting outburst environment events in our country; the fourth chapter is perfecting our country's the legal system on meeting outburst environment events.In the first chapter, I defined the meaning and characteristics of outburst environment events, then analyze the shaping process of the legal system on meeting outburst environment events in our country. Summarizing the establishment and the development of our country' s the legal system on meeting outburst environment events divides two parts: 1 , analyzing the environmental protection law promulgated before 2006; 2, analyzing the Emergency Counterplan of Outburst Environment Events promulgated in 2006. In the second chapter, I introduced the lawmaking mode in other countries on meeting outburst environment events, and summarized the lawmaking experiences of other countries on meeting outburst environment events like in the United States, Russia, Japanese etc. In the third chapter, I find out the shortage of our country's the legal system on meeting outburst environment events from the constitution and the environmental protection law. In the fourth chapter, I summarized the experiences and lessons about SONG HUA JIANG River pollution events through the lawmaking experience of other countries on meeting outburst environment events and make suggestions of perfecting our country's the legal system on meeting outburst environment events. The perfecting step can carry on in two sides: one hand, from the view ofperfecting our country's the legal system on meeting outburst environment events, we should edit and supplement the constitution and the environmental protection law and legislate the Law for Emergent Status and the Law for Dealing with Outburst Environment Events; on the other hand from the view of perfecting other legal matched system on meeting outburst environment events, we should perfect the system of environment information publish and establish the system of emergency safeguarding and build up the mechanism of investigating responsibility.The dissimilarity of this essay between others is: First, analyzing the the shortage and perfection of the Emergency Counterplan of Outburst Environment Events with the angle of law; Second, I combined the latest law and SONNG HUA JIANG River pollution events, then summarized the blemish of the legal system on meeting outburst environment events in our country; Third, I deemed that perfecting our country's legal system on meeting outburst environment events follows this way " nomocracy—disclose—safeguard—liability—supervise ".
Keywords/Search Tags:outburst environment events, legal system in an emergency, research
PDF Full Text Request
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