The Research On Legal Mechanism Of Environmental Emergency Management

With the rapid development of the social economy， the deepening ofindustrialization and the continuous improvement of scientific and technologicallevel，environmental protection is faced with new challenges in the world， especiallyin developing countries. On the one hand, environmental pollution incidents havebeen increasing. Not only that，the pollution has also led to a wide range of damageand serious consequences. On the other hand，there are a great number of new typesof pollution， such as industrial pollution, nuclear leakage， which are difficult tocontrol and have deep impact. From the time point, the prevention and control ofenvironmental pollution can simply be divided into three parts: prevention inadvance， emergency management and control after the occurrence. At the presentstage，whether it is the legal level or the law enforcement level，most of measure is tocontrol after the occurrence. Consequently， the relatively weak parts， prevention inadvance and emergency management， should be improved and enriched.At the same time， from the emergency management level and establishment ofinstitutions， it is necessary to build a environmental emergency administrativesystem， which is integrated and coordinated and have clear definition of powersbetween the central and local governments. This system meets the requirements of preventive and flexibility， and is an importance to increase of administrativeefficiency， do a good job of environmental emergency， and effective preventenvironmental risk.This article is on the basic of analyzing the particularity of environmentalemergency and the composition of emergency management mechanism. It reaches aconclusion that government as the main body of environment executive power， ismost efficient in environmental emergency management. Then, centered on theallocation of government environment executive right and duty, the author approachesin depth how to equitable distribution and limit environment executive power.Another key topic is the absence and improvement of relevant laws. Theintroduction refers to some examples of environment emergencies: Songhua Riverpollution and Nuclear leak in Japan. These cases told us the importance ofenvironmental emergency. The first chapter will clarify the relevant concepts andtypes of environmental emergency. The second chapter will generalize the currentsituation and the insufficiencies of environmental emergency management in ourcountry. The third chapter will expound selectively the leading role of governmentduring the environmental emergency management within temporal dimension andadministrative efficiency. The last one will analyze how to improve the legalmechanism of environmental emergency management. The innovation of this paperlies in holding the key element of environmental emergency——government andexecutive power. From the right and duty allocation of environment managementfunction of government, the author will focus on the environmental emergencymanagement mechanism, and build a legal system of the improvement ofenvironmental emergency management and the environmental executive powerallocation of government.