Abstract:
So far, there are no fundamental changes in Chinas environmental security, with the faulty legislation on the environmental disasters standing out in particular. The problems in this area are: there are no clearly defined responsibilities on the part of governments and relevant departments, there is no legal basis in environmental risk control, there is no reaction system to environmental disasters, the reaction procedures and demands in environmental disasters are faulty, and there is no sound system of restoration after disasters. Therefore, it is necessary to start the legislation in the field. It is administrative legislation and should be operable. It also needs to be complementary to other laws and regulations. The main content should include general provisions, environmental risk control, emergency preparedness, emergency response, afterwards restoration, legal responsibility, supplementary provisions, etc. It should define the systems of obligations and responsibilities to the environmental emergencies, environmental risk evaluation system, environmental risk investigation and management system, environmental contingency plan management system, environmental risk warning system, environmental emergency reporting system, environmental emergency disposal system, incident investigation system, accountability system, environmental damage assessment system, and environmental damage responsibilities sharing and enforcement system.
李丹. 突发环境事件应对立法问题研究[J]. 江苏大学学报(社会科学版), 2016, 18(5): 32-39.
LI Dan. On the Legislation of Environmental Disasters. Journal of Jiangsu University(Social Science Editi, 2016, 18(5): 32-39.