On The Legal Issues Of Environmental Emergency

China is being in the period of social change and institutional transformation, many kinds of social problems appeared, especially with the development of industries, the contradictions between human and nature increasing sharply, environmental emergency is one of them. Environmental emergencies have the features of occurred on uncertainty time and in uncertainty space, so they always bring enormous social damage to property, even be harmful to human's health and safety. Environmental emergencies are the obstacles to building a harmonious society. At present, the legal provisions about environmental emergencies are still blank in our Constitution, and they also don't adequate in other laws. In 2006, China promulgated the "National Environmental Emergency Plan", as the special provisions about environmental emergencies, it means a lot for environmental emergency legal system. But there are still many problems we have to deal with, because the "National Environmental Emergency Plan" can't fully meet the needs of the community.This thesis consists of five chapters. In Chapter1,the background, purpose and significance of topics, topics of theory, research status, research methods, basic issues of innovation are described; In the following Chapter2,the definition of environmental emergency, the reasons of environmental emergencies , the features of environmental emergencies, the needs of establish environmental emergency legal system are analysis, environmental emergency is a obstacle to build the harmonious society; In order to carry out a comparative study, in Chapter3, the article focuses on the United States, Japan, Russia and Germany's environmental emergency legal system, overall, the developed countries'environmental emergency laws are relatively well, the emergency systems are also more scientific, we can learn some useful experiences from them. In Chapter4, analysis of China's environmental emergency situation, including of legislation, law enforcement status, status of public participation, information release status and other contents. Although China has established a socialist legal system with Chinese characteristics basically, but the environmental emergency legal provisions also need to constantly improve. In Chapter5, by improving the law enforcements, information release system, emergency safeguard mechanism, etc. Our country's environmental emergency legal system will be more perfect.On the basis of distinguish victims and offenders, provide standard of compensations, and make the source of compensation funds etc., this article suggests to establish environmental emergencies ecological compensation mechanism to improve our country's environmental emergency legal system.