Legislative Research On National Environmental Emergency

This paper is based on the theory of environmental emergencies and legislativesystem, summarize and analyze the problem of China’s environmental emergencylegislative system. The author has summarized the relevant foreigncountries’ environmental emergency legislation and summarized their advancedexperience, to establish and improve relevant legal system by combining with foreignbeneficial experience for our legislative system. The ultimate goal is building perfectenvironmental emergencies legislative system in China. The paper is divided into fourparts:The first chapter is a summary of environmental emergencies. Firstly, it not onlydescribes the concept, characteristics and hazards, and environmental emergenciesarising from environmental emergencies, but also tells the reasons. Secondly, itanalyses the concept of sudden emergency, which is analyzed and talked aboutenvironmental emergency response mechanism for environmental emergency of thebasic theory.The second chapter analyses the legislative status environmental emergenciesand problems from the legislative system theory. By analyzing the environmentalemergency legislation, it is mainly involving the constitutional level, the legal level,The administrative regulations level, local regulations and departmental rules.Followed by the signing of combining environmental emergencies, which is raisingthe issue with the lack of legislation reflects the existence of various levels.In the third chapter， it tells foreign environmental emergency experiencelegislation for us to learn. It introduces the foreign experience in environmentalemergencies, as well as bringing the legislation and enlightenment experience to ourcountry. It mainly analyzes and summarizes the profile and experience of the UnitedStates, Japan, Russia, Germany and other countries on environmental emergencieslegislation, combined with our proposed emergency legislation embodiesperfect,which is establishing and improving emergency management organizationand the relevant emergency measures to protect the system.In the fourth chapter, it describes the measures of improving environmentalemergency legislation system. It is including the establishment of emergencysystems. The main part of improving principles in environmental emergency is constituted by the efficiency principle, the precautionary principle, the coordinationprinciple, the proportionality principle and scientific principle. For the country, itshould take many measures build the perfect legal system of environmentalemergency, including advance stages of prevention, the disposal stage of the relevantlegal system and legal system after the recovery phase.