Study On The Emergency Legal Issues Of Sea Ice Disaster

As a big maritime country,China's coastal areas are at the forefront of economic development,which is also a beautiful "postcard" of China's foreign exchanges.However,with the rapid development of economy,the damage and impact brought by the sea ice disaster has also aroused widespread social concern.In this regard,China needs to strengthen the legal research process on sea ice disaster and other Marine disaster emergency,and more importantly,to provide the framework and ideas for the improvement of China's overall disaster emergency system by improving the law on sea ice disaster emergency response,which should also attract the attention of legal scholars.In this paper,on the basis of the system of Marine disasters related concepts,combined with the theory of administrative emergency power,risk control theory,the protection of human rights theory.This paper studies the theory of sea ice disaster emergency in depth,describes the harmfulness of sea ice disaster and the necessity of emergency measures,and summarizes the legal characteristics of sea ice disaster emergency.By introducing the contents of China's emergency legal system,this paper introduces and analyzes the subjects of sea ice disaster emergency,sea ice disaster emergency plan,disaster detection and early warning,emergency response,and postdisaster recovery,so as to reflect the problems and causes in the process of sea ice disaster emergency.The main problems include the main body defect of emergency response,the lack of operation of emergency response plan,the lack of disaster information coordination and linkage,the lack of legislation in emergency operation procedure,the lack of legal responsibility,and the imperfect relief and compensation mechanism after the disaster.Then this paper analyzes the causes of the above problems from subjective and objective factors.Through the introduction of the Marine emergency legal system in the developed countries of the United States and Japan,this paper compares and analyzes the advantages and disadvantages of China's system,and summarizes the enlightenment to China's development.Last but not the least,from three aspects of dealing with sea ice disaster,improving related laws and revising emergency plan,this paper puts forward countermeasures and Suggestions.Through the revision and improvement of the sea ice emergency plan,the maneuverability of the emergency plan can be effectively improved.Realize early warning information network management;to clarify the sea ice emergency procedures and improve the specific procedures of emergency relief;to make clear the legal responsibility and the subject of undertaking,and to perfect it from different angles of criminal,administrative and civil;We will improve the postdisaster recovery and compensation system.The innovation of this paper lies in the discrimination of the concepts of sea ice disaster and emergency disaster,and the elaboration of the special nature reflected in emergency management law according to its characteristics and theoretical basis of response.Combined with the current Marine disaster emergency system in China,the possibility of Marine environmental emergency response legislation and the operability of special emergency plan are discussed from different angles.