China's Environmental Risk Prevention And Regulation Legal System Of Shale Gas Development

In recent years,the development of shale gas is supported by our country vigorously,which aims to improve the status of international energy by producing this clean natural gas.As unconventional gas,the environmental risk caused by the development technology of shale gas is much greater than the conventional natural gas.The process of shale gas development can lead to water consumption,water pollution,air pollution,geological structure change,and other environmental risks.The analysis focuses on the environmental risk prevention and regulation legal system,which is beneficial to build legal system and prevent the environmental risk.The environmental risk prevention and regulation legal system of shale gas is composed of the prevention and supervision systems.Risk prevention legal system consists the measures to prevent and control environmental risks in the exploitation process,and environmental impact assessment system and information disclosure system are included,aiming at taking the negative evaluation on enterprises whose environmental protection measures is not qualified to prevent the possible environment damages.Regulatory legal system includes mining right system and emission permits system.It aims to regulate the potential risk by administrative measures,such as,qualification approved and supervision to the enterprise behavior.This paper is divided into five parts.The first part is introduction,the background of the selected topic,the research significance,relative studies at home and abroad,research methods and the innovations of this thesis are introduced.The second part focuses on analyzing the basic concept of the legal system,which includes the structure,theoretical basis and value orientation.The third part,including the analysis of shale gas development status in our country,tracing and profiling the problems which exist in the system construction.The fourth part analyzes the environmental risk prevention and control system of US,and explores the positive factors in building their legal system.In the fifth part,the proposals to perfect our legal system are put forward according to our problems of legislation and practice through combinig the theory of "Regulation administrative law" and “Administrative cooperation law”,and the advanced experience in US.As the shale gas is still a kind of new energy in our country,the technology andcorresponding laws and regulations are imperfect,and some problems exist in the legal system of environment risk prevention and regulation,such as,imperfect legal norms,the principle is too strong,the norms are difficult to practice.The United States is the country who first developed shale gas,its legal system is relatively mature and perfect,and which is easy to take practice.It can help us to analyze the problem of relative systems in our country,and provide reference to perfect our country's legal system.Obviously,perfect legal system relies on reasonable theory.Our country has begun to develop "Regulation administrative law" theory and “Administrative cooperation law” theory in our environmental governance.Our legal system will be enriched constantly by the guidance value of administrative regulation theory,and multi-participation in administrative cooperation.