Study On The Perfecting Of The Legal System Of Emergency Environmental Emergencies

Environmental emergencies are the extreme manifestation of the transformation of environmental risk sin to real hazards.The occurrence of environmental emergencies will cause great damage to public life and health,material property and ecological environment.In order to deal with environmental emergencies in an orderly and efficient manner,it is necessary to perfect the emergency legal system of environmental emergencies in order to better mediate the contradiction between economic development and environmental protection.First of all,this paper expounds the meaning and characteristics of the emergency legal system of environmental emergencies and emergencies: emergency ring Under the action of man-made or natural factors,environmental events suddenly cause urgency,Environmental event with serious damage;the emergency legal system of environmental emergency is to set up the object of regulation with the emergency environmental event A comprehensive and systematic management legal system.The theoretical basis of the system is: risk social theory On the basis of the theory of three adjustment mechanisms and the theory of environmental crisis management,this paper further expounds the emergency environmental events The necessity of perfecting the legal system.Secondly,this paper analyzes the shortcomings of the emergency legal system of environmental emergencies in China.Environmental Emergencies in China In the emergency preparedness system,the system of communication and cooperation should be designed in a narrow scope The system of emergency education lacks effectiveness;in the system of emergency treatment,the system of damage assessment of environmental emergencies is not scientific enough The main body system of emergency participation is not comprehensive enough,the main body of emergency information disclosure is single,and the emergency protection system is concerned In the aspect of legal responsibility setting,the administrative responsibility of the enterprise is not perfect,and the environmental emergency of the administrative subject is not perfect The burden of responsibility is single.Third,it explains the useful emergency legal system of environmental emergencies in the United States,Japan and the European Union,such as: operational public-private cooperation system,high priority emergency education system,strict damage assessment system,advanced fund guarantee system,efficient information disclosure system,detailed environmental responsibility system.Finally,the following suggestions are put forward to improve the emergency legal system of environmental emergencies in China: innovating the system of exchange and cooperation,constructing a regular system of emergency education,perfecting the system of environmental damage assessment,forming a diversified system of participation of emergency subjects,innovating the system of open subject of emergency information,perfecting the compulsory liability insurance system of environmental pollution,creating fund guarantee system,perfecting enterprise administrative responsibility and perfecting the form of emergency legal responsibility of administrative subject.