The Legislative Studies Of The Marine Oil Spilling Emergency Management In China

In recent years, a number of serious marine oil spilling accident occurred,exposing problems of the emergency management on the Marine oil spilling in our country during the process of emergency organization, emergency prevention, emergency warning and emergency disposal. The current law on emergency management of Marine oil spilling has problems of lacking and loss,in dissonance with each other,operating hardly and lagging behind needs of development on both domestic and abroad,it is difficult to guide related agencies to deal with the marine oil spilling timely and effectively.For constructing the Marine oil spilling emergency management system in our country,realizing the "prevention, control and treatment" trinity function of Marine oil spilling emergency management mechanism in our country,it is needed to conform the structure of the Marine oil spilling emergency management,and construct regimes in levels including the emergency organization, emergency prevention, emergency warning and emergency disposal.As the constructions of regimes couldn’t without legislative supporting. Therefore, we should conform the guiding ideology of legislation on the Marine oil spilling emergency management,establish perfect structure of organization,and put forward legislative Suggestions of establishing regional linkage acting regime, the information reporting regime, the oil spilling simulation and assessment regimes, regulation on emergency disposal,and so on.This paper uses methods of the empirical analysis, logical and semantic analysis,and comparing analysis,and so on to involve the emergency management theory and the risk management theory in the study of legislation on Marine oil spilling emergency management,aiming to provide new way for the innovation of the concrete regime.This article is divided into four parts. Part one,by consulting information of related department dealing with oil spilling accidents occurred around our ocean in recent years, and according to the requirements of the theory of emergency management in four levels including emergency organization, emergency prevention, emergency warning and emergency disposal.to reveal existing problems during the process of Marine oil spill emergency management in our country,the oil spilling emergency management shows that measures disordered,regimes lacking,and technologies backward,the ability of emergency management obvious insufficient,so,it is frequent ridicule when dealing with the maritime oil spilling accidents in recent years,.Many accidents driven the legislation construction on Marine oil spill emergency management in our country.Part two,comparing and analyzing the applications of existing legal norms related to the marine oil spilling emergency management in our country,analyzing and consulting the deficiency of current laws on Marine oil spilling emergency management in our country,reflecting the necessity of legislating on Marine oil spill emergency management in China.Part three,by exposing problems of the Part one and Part two,putting forward the ideology of oil spill emergency management should be transformed,and discusses the marine oil spilling emergency management legislation guiding ideology should under the concept of risk management,based on the structure,ruled by regimes,to ensure the effective connection of different levels through the process of emergency management,expressing functions of mechanism,to establish the Marine oil spilling emergency management system.under the concept of "prearranged planning、structure mechanism and regimes’Part four,referring to other countries’ feasible measures and regimes and combining with relative oil spill emergency management norms in our country,constructing the structure of Marine oil spilling emergency management organization combining with vertical and horizontal.infiltrating and guiding the emergency prevention, emergency warning and emergency disposal.establishing the unique "combining with each other" regimes in levels of emergency organization,emergency prevention, emergency warning and emergency disposal to realize the prevention providing information,the warning simulating and evaluating the information,starting the emergency prearranging planning and starting emergency disposal under the prearrange planning,"interlocking" levels to accomplish managing the oil spilling events legislative and orderly under the oil spill emergency management system.