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The Research Of Legal Problem In Environmental Administrative Emergency

Posted on:2019-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2416330545464900Subject:legal
Abstract/Summary:PDF Full Text Request
The environment is the basis for the author's natural life and the basis for his survival.At the same time,it is also an essential factor for maintaining social balance.In recent years,the occurrence of sudden environmental incidents in our country has seen an increase in the number of emergencies and increased frequency.The social public security,the rights and interests of the public,and the stability of the society have all had a great impact.However,under the coordination of the central and local governments and the close supervision,the environmental damage caused by sudden environmental incidents in our country has gradually been effectively controlled,and a great deal of experience has been accumulated in responding to sudden environmental incidents.However,the inadequacies still exist.China has not yet formed a complete system framework in the environmental administrative emergency response system.The exercise of emergency environmental administrative emergency power in our country is still not standardized,and the emergency initiation mechanism for environmental administration is not complete.In order to establish an effective early warning mechanism,information reporting system,risk assessment system,scholars and judicial workers are also trying to find a solution.The role of the judiciary in giving play to judicial activism in the emergency process of environmental administration also requires concrete legal support to strengthen it.As such,the environmental administrative emergency system still has many deficiencies.This article mainly discusses how to exercise the right of environmental administrative emergency in the event of an emergency,and pays attention to the problems arising from the exercise of the right of environmental administrative emergency,and solves the problems that arise.As a result,in the event of a sudden environmental incident in our country,we can use the environmental administrative emergency system to solve the current difficulties faced by environmental law enforcement.This article first defines the basic theory of environmental administration emergency.Second,it summarizes and evaluates the legislative cases of foreign environmental administration emergency response.Finally,it summarizes the problems existing in China's environmental administrative emergency system,and summarizes the opinions and suggestions for improving China's environmental administrative emergency from four aspects.The environmental administrative emergency system needs to be combined with the administrative emergency system and the environmental emergency system,and the two must be combined with each other in order to construct an environmental administrative emergency system that is highly applicable.China's environmental administrative emergency management system has its own characteristics and cannot be confused with other systems.Therefore,emergency response to an environmental emergency needs to be implemented according to its own characteristics and in accordance with China's unique national conditions.To establish an environmental administrative emergency response system that conforms to China's national conditions requires the combination of the legal system and structure of the environmental protection law and the selection of suitable legislation that suits the actual situation in China.In the construction of the environmental administrative emergency system,the author believes that it is necessary to cut in from the imperfection of the system and put forward effective methods for improvement.Regulating the exercise of the government's environmental administrative emergency power has laid the foundation for the operation of the ring administrative emergency system.At the same time,a sound administrative emergency start-up mechanism has provided assistance to the environmental administrative emergency system.What is more important is to give full play to the role of the government in environmental incidents.In the environmental administrative emergency system,it is necessary to effectively protect the legitimate rights of citizens and ensure the restoration of the environment after the occurrence of environmental incidents.In order to have a harmonious and stable environment,the construction and improvement of the environmental administrative emergency system is very urgent.
Keywords/Search Tags:Environment, Administrative Emergency, Power, Government
PDF Full Text Request
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