Research On The Legal Environmental Emergency System

Entered in twenty-first Century, long-term accumulation of environmental risk to environmental emergencies occur frequently appear in front of us.The high frequency, the most harmful has reached a hitherto unknown degree sudden environmental events.A perfect legal system of science and is the best way to prevent and properly deal with unexpected environmental events, but also an inevitable choice of the socialist country ruled by law.Therefore, in recent years China invests a lot of legislative resources, and have established a framework of organizational system and the system of emergency legal system, environmental emergencies. However, the emergency legal system of our country environmental emergencies is not perfect, the specific content of the principles, mechanism, system and other issues still need further study. Therefore, this paper chooses to research the emergency legal system of our country environmental emergencies, in order to emergency legal system of our country environmental emergencies perfect, enrich the theory research results lay the foundation.In this paper, environmental emergencies emergency disposal focus research, interpretation of environmental emergencies and emergency legal system definition,characteristics, content, emergency handling process of review of the Songhua River water pollution incident,Shanxi Changzhi Tianji Group aniline spill, Guangxi Longjiang cadmium pollution incident, Guangxi He river water pollution events of several typical of China environmental emergencies emergency practice, points out the existing problems, from the level of constitution,environmental protection law, environmental administrative regulations, emergency plan outlines the emergency legal mechanism of our country current situation and deficiency of environmental emergencies, in reference to the legal emergency mechanism American, Japan, Russia and other foreign outburst environmental events, the basic in principle, the law, the specific system, legal responsibility so as to further improve the legal emergency system of outburst environment in China.This article is divided into the introduction, the first part to the fifth part.The first part is overview of legal "emergency mechanism",On the analysis of the relevant content of paroxysmal environment event.The definition,characteristics,harm of paroxysmal environment event theories, discusses the meaning,characteristics of legal emergency mechanism and content.The sudden environmental incidents occur frequently, is not conducive to the implementation of Scientific Outlook on Development, a major obstacle is the construction of a harmonious society.The second parts of "China’s typical environmental emergencies emergency review and practice problem",by referring to relevant literature,a comprehensive review of the whole process of emergency disposal Shanxi Changzhi Tianji Group aniline spill,Guangxi Longjiang cadmium pollution incident,and emergency handling of the problem in the process of evaluation.Through inductive analysis,summed up the current existing in our country’s environmental emergencies emergencypractice issues,including disclosure of information is not timely,low public participation,evaluation of the early warning and emergency disposal is not scientific, emergencydisposal of incomplete recovery.The third part "of China’s legal system ofemergency response to sudden environmentalstatus and shortage",environmental emergencies emergency situation in China is analyzed from the constitution,environmental protection law,environmental administrative regulations and emergency plan for the environment four aspects,although the socialist legal system in China has basically established Chinese characteristics,but the law of environmental emergenciesemergency also need to continuously improve.The fourth part "legal emergency mechanism developed foreign countries experience unexpected environmentalevents",for comparative study,introduces the current situation ofenvironmental emergencies emergency laws in several countries,such as American,Japan,Russia,,on the whole,environmental emergencies emergency law in western developed countries is relatively perfect,the emergency response system is also more scientific,their experience canprovide some enlightenment for our development ofunexpected environmental emergency law in our country.The fifth part "proposals to perfect the law of our response mechanisms of sudden environmental events",in view of our current environmental emergencies emergency problems, expounds the perfection of the legal emergency mechanism of principle,put forward the perfect legal laws and regulations,legal mechanism and the legal responsibilitysystem.