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On The Geographical Indications Law Pattern

Posted on:2011-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:C K WenFull Text:PDF
GTID:2121360308958296Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental risk came to us in different kinds of forms since 21 century. Environmental emergencies features with bursty, variety in form, severity in harm and publicness, therefore, when it occurs, it makes people ill-prepared and gives them a lot of influences on the safety of people's life and property, social stability and economic development.Legal system of environmental emergencies, as a kind of institutional arrangement for relieving the problem, is already an important part of emergency response mechanism in every country. For that reason, our nation legislates a lot to set up and improve that institution. More than this, we also already built dependent legal system, institutional system and organizational system.Although the legal system of emergency affairs makes some progress in our nation, legislative system and institution's perfectionless still exists in our legal system. This thesis aims to come up with some countermeasures to improve in our nation's legal system of emergency affairs through retrospecting the development of our legal system of emergency affairs, analyzing present process, and taking examples from foreign countries'advanced legal system.The thesis has four parts.Part one, boundaring the definition of emergency incident and environmental emergency and analyzing their features. Meanwhile, looking back some emergency incident and analyzing its hazard. And these are foreshadowing of following parts.Part two, retrospecting the generation and development of the legal system of emergency affairs, which is the basis to learn the deficiency of our legal system of emergency affairs. After that, it aims to analyze the present problems of our legal system of emergency affairs and the necessity of improving the related laws.Part three, introducing some advanced legislations of the legal system of emergency affairs of foreign countries and their settling patterns, which can give us some advanced ideas and models to improve our legal system of emergency affairs.Part four, it aims to draw up the principles that the legal system of emergency affairs must abbey, and improve the related legislations and institutions according to present basic problems in our nation. Firstly, establish basic principles, i.e. act upon the rule of law, prevention of environmental risk, principle of proportionality, safeguard of human rights, and public participation under administration-oriented. Next, improve relevant laws, including constitution, law of environmental protection and administrative regulations of environment, ect. Finally, we should perfect relevant institutions, including improving relief system, information reveal system, education system and the system of cooperation between government and non-government.
Keywords/Search Tags:environment emergency, contingency legality, basic principle
PDF Full Text Request
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