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Legal System Of Environmental Information Disclosure In Environmental Emergencies

Posted on:2016-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:X YuanFull Text:PDF
GTID:2296330473957610Subject:Environment and Resources Protection Law
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As economy and society develop rapidly, the frequency of environmental emergencies is increasing. It affects our public life, health and property rights seriously. It is major goal to reduce losses from environmental emergencies to the maximum extent. Environmental information disclosure system, with its efficient transfer of environmental information, can make sure that as many stakeholders grasp environmental emergencies information related in a short time. So, it can curb the spread of rumors stabilize social order, enhance public participation and promote to solve the incidents.However, there are many deficiencies in the system of environmental information disclosure in environmental emergencies. In the constitutional level, the right to grasp environmental information protected by environmental information disclosure system is regulated by constitution. So, if the right grasp environmental information is violated, there are no the appropriate legal basis for safeguarding the interests of the public’s knowledge of the environment. At the level of specific laws and regulations, the design and arrangement of environmental information disclosure legal system is mainly used in conventional state. it is lack of environmental emergency particularity considerations and application.Because of the industrialization started early, Some developed countries respond to environmental emergencies in earlier time. these countries develop mature environmental information disclosure system with the accumulation of experience. There are some advanced legal systems design and arrangement for our country to imitate from these countries. Necessary reference can not only reduce the cost of the relevant legislation but also reduce losses caused by environmental emergencies as much as possible.The paper begins with the dilemma of environmental information disclosure in environmental emergencies. It proposes "a position, a main line" system building ideas purposely. Firstly, the position is guided by environmental information to the public. The application of information are not only using for government emergency services but mainly offer to public. In other words, environmental information disclosure in environmental emergencies should take public environmental information generally known as the premise and it is no longer confined within the government or between government and enterprises. So, it can eventually promote public participation, form the social forces to solve the accident and reduce possible loss the maximum extent event. Secondly, integrating different stages features of environmental emergencies with environmental information disclosure legal system the existing environmental information disclosure system lacking of operability will be able to get make up for deficiencies. Beginning with the characteristics of each stage of environmental emergencies, it can put forward proposals to improve the environmental information disclosure system purposely. Try to avoid the risk, to make a positive response to the incident and control the damage, and then make compensation positively. In the legal system, it makes efforts to build environmental information disclosure in environmental emergencies framework, including preventive control system, support for the protection system and recovery remedy system.Based on "a position, a main", environmental information disclosure in environmental emergencies legal system can protect the public’s fundamental right to environmental information fundamentally and enhance social participation to solve the accident. Otherwise, in the process of environmental legal system building, environmental information disclosure legal system in environmental emergencies can greatly improve China’s environmental information disclosure legal system. Afterwards, the legal system can cover a comprehensive environmental information disclosure under normal and emergency in order to protect the full range of environmental rights and interests of the public.
Keywords/Search Tags:environmental emergencies, environmental information disclosure, right to environmental information
PDF Full Text Request
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