Research On The Legal System Of Environmental Administration Of Chemicals In China

Chemicals are indispensable means of production and consumer goods of the contemporary era. and has been vastly used in pharmaceutical, pesticide, fertilizer, plastic, textile fibers, electronic chemicals, house decorating materials, soup and bleach industries. On the one hand,chemicals has dramatically improved the quality of the living of human being, on the other hand, however, it has also brought hazardous effects to human society. Obviously it is unreasonable and impossible to ban the use of chemicals once for all, the key, however, is the way of utilizing it. With regards the methods, purposes and quantity of exploiting chemicals, orientational management shall effectively reduce the potential environmental damages and risks it may cause.EU, USA and Japan has started promulgating relevant chemical administration legislation and has progressively perfected the legal system since the1960s and1970s. Various multilateral treaties and agreements, aimed at enhancing the effectiveness of environment management of chemicals, including the " Convention on International Prior Informed Consent Procedure for Certain Trade Hazardous Chemicals and Pesticides in International Trade Rotterdam" has also been effected by the international society since the1980s. Meanwhile, China has also enforced its own regulations on environment administration of chemicals, including "Regulations on the Safety Administration of Dangerous Chemicals" promulgated in2002and revised in2100by the State Council and "Measures for Environmental Management of New Chemical Substances" promulgated in2003and revised in2010by the Environment Department. In practice, however, there are still various problems exist in the environmental administration of chemicals. Therefore, establishing an advanced legal system on environmental administration of chemicals has both theoretical and practical significance.This paper will:firstly, define the concept of "chemical", introduce the characteristics and classifications of chemicals and illustrate the concept and legislative objections of "environmental administration of chemicals"; secondly, analyze the issues and problems regarding the chemical environment and the legal system of environmental administration of chemicals in China based on the status quo of Chinese legal developments; thirdly, after the illustration and comparison of the advanced legislative concepts regarding relevant international treaties and legislative experiences of EU, USA and Japan, summarize the lessons we might learn for the perfection of our legal system; finally, from the sustainable development, risks prevention and clean production points of view and on the basis of summing up of current legislative developments, come up with detailed suggestions for the perfection of the regulations on environmental administration of chemicals in China regarding various aspects including risk evaluation, pollutant emissions, registration for chemical transferring, and Emergency system.