Study On The Emergency Legal System Of The Sudden Water Pollution In China

China started late to study the emergency legal system of sudden water pollution.In 2005,water pollution occurred in Songhua River.Due to the great influence,our country began to pay attention to the problem of sudden water pollution.Compared with developed countries,the legal system of our country in this respect is still very imperfect.At present,one sudden water pollution incident after another,endangers public health,interferes with social order and destroys ecological balance.Therefore,it is necessary to speed up the improvement of the emergency legal system of sudden water pollution.Based on the sudden water pollution event of Songhua River,this paper points out the main problems in the emergency process,including the weak consciousness of crisis and the failure to publish water pollution information to the public in time.The problems such as insufficient reserve of emergency resources lead to the emergency legal system of sudden water pollution events in China,at the same time,this paper introduces the current legislative situation of the emergency legal system of sudden water pollution in China,and puts forward five main problems.Including the sudden water pollution prevention mechanism is not perfect,the prevention consciousness is shallow,the early warning mechanism is thinly weakened and lacks enough attention to it;The problem of information asymmetry is relatively serious,and there is not enough information communication between departments.It is not transparent and timely for the government to disclose information to the public;The participation of social organizations in emergency work lacks the necessary legal system support,the society generally believes that the government is omnipotent,does not pay enough attention to social forces,at the same time,the development period of social organizations in our country is too short,stunted,and the organization of participation.The degree of order is low;After the sudden water pollution incident,it is difficult to realize the legitimate social security rights of citizens,the imperfect laws and regulations make it difficult or impossible to carry out all kinds of relief work smoothly,and the affected public is unable to obtain the protection of the due rights of citizens under the Constitution.The non-unity confirmed by the object of social assistance;The legal provisions of supervision and accountability are not perfect.Pass This paper introduces the legal system of sudden water pollution emergency in the United States and Japan,draws on the successful experience and scientific methods,and puts forward some suggestions for perfecting the emergency legal system of sudden water pollution incident in China according to the actual situation of our country.It includes perfecting the prevention and early warning mechanism,perfecting the construction of emergency plan and strengthening the evaluation mechanism of plan exercise,and establishing perfect material reserve.The dissemination of information must be legalized,and the investigation procedures,evaluation procedures,verification procedures and correction procedures of emergency information should be established to ensure that each release of information is timely and well-founded;Improve the mechanism of social mobilization,make clear the target of mobilization,mobilize procedures or The way of the person and the protection of the rights of the mobilized object;the standardization of social assistance,such as the clear standards of assistance and the object of assistance;the legalization of supervision and accountability,the clear ownership of responsibility,the standard of accountability,and the guidance of the public to participate in supervision and accountability in accordance with the law.