Study On The Problems And Countermeasures To The Emergency Legal System Of Outburst Environmental Pollution Events

Since the beginning of the 21^st century, the environmental risk, which has been accumulated for long, has turned out before us constantly in terms of outburst environmental pollution events. Their latent and protracted characters in time, interregional diffusion in space, and irreversible result in fatal damage the people's live, mental health, property safety, development of industrial and agricultural production, the safety of national environment, social stability, and international relationship.As a systematical guarantee of prevention and conduction of outburst environmental pollution events, the emergency legal system of outburst environmental pollution events has become a key component in emergency mechanisms of outburst environmental pollution events in different countries. Recently, China has also invested large amount of legislative resources to construct the emergency legal system. So far, it has already built up the rudiments of emergency legal system of outburst environmental pollution events legally, organizationally, and systematically. However, the emergency legal system still has some problems as a whole, such as the low status of legislation, distempered legal system, a lack of targeted principals, and incompleteness in institution.On the base of concluding the basic content of emergency legal system of outburst environmental pollution events, this thesis puts forward some ideas to complete the emergency legal system targeted those problems. Firstly, update the basic principals and establish the principals of "environmental risk prevention", "administration emergency", "public participation directed by the government" and "protection of citizen basic rights". Then, perfect some institutions. First of all, build effective mechanism of public participation in outburst environmental pollution events. For example, execute the emergency plan approved record-keeping system to dangerous enterprises, carry out the crossword reporting system for public and make the emergency information known to public. Second, establish the linking system of the outburst environmental pollution events and the emergent conditions. Third, establish the system of resuming plans and complete the compulsive liability insurance of outburst environmental pollution events to enhance the emergency resumption of outburst environmental pollution events. Last but not the least, the thesis puts forward some suggestions to complete the legal responsibility of disobeying the emergency legal system of outburst environmental pollution events.