Discussions On The Legal System Of Geological Hazard Assessment

To achieve the goal of disaster prevention and mitigation, under the guidance ofgeological disaster prevention principle “prevention first, with the combination ofavoidance and management ", the legal system of geological hazard assessment hasbeen established. Till now, this system has been implemented for ten years with ameasure of success, but at the same time, many of the problems and shortcomingsexposed that make this writing necessary.The first part dedicated to introduce the production process and content of thelegal system of geological hazard assessment. The legal system of geological hazardassessment, established for a short time, is now in the process of developing, far frommature. Since the establishment for a short time, few people study it;since the shorthistory of its development, its content must be expanded and improved.The second part analyses the root cause of many problems arised from the legalsystem of geological hazard assessment in operation,to show the flaws andshortcomings of this designed system.Due to the system design flaws, some of theprojects should be assessed are not assessed, with the lack of appropriate controlmeasures and the absence of the daily management of relevant authorities, disasterswill be inevitable; on the contrary, a number of projects are repeatedly assessed, andthe land suitability of the project sites are assessed over and over, causing unnecessarywaste.Assessment institutions,irresponsible for the results of the assessment,sold thereports to who has the responsibility to pay for it, so the assessment reports areabsolutely similar to waste paper after the approval process of the project sites.Existing problems, like the lack of certified appraiser system and assessment chargingstandards, adverse to the application and development of advanced assessmenttechniques and to the formation of innovative assessment theory, will hinder thehealthy operation and development of the geological hazard assessment system.The third part proposes specific solutions for the problems analyzed at thesecond part.Amend and supplement the provisions of relevant laws to address theproblems of deficient and repetitive assessment; abolish relavant regulations which isdisadvantageous to the assessment institutions which should assume responsibility, tomake the responsibility for the assessment findings more specific, to set the compensation factor of geological hazard assessment to calculate the share of liabilityand to clarify the responsibility of unqualified assessment findings with unintentionalmind of assessment institutions; established certified appraiser system of geologicalhazard to enhance and ensure the professional quality of employees; establishassessment charging standards to regulate the assessment fee.The last part concludes, in order to perfect the legal system of geological hazardassessment, on one hand, inappropriate terms regulated should be amended,supplemented or deleted;on the other hand, new content should be added to enrichthe content necessary for this system that has not been priscribed. Only under theguarantee of a good assessment system can geological hazard assessment betterachieve the goal of assessment,further to promote economic and social sustainabledevelopment.