Haiyang Kaifa yu guanli (Apr 2022)
Legal System Construction for Emergency Disposal of Marine Environmental Pollution Emergencies in China
Abstract
In order to deal with the marine environmental pollution and protect the marine ecological environment effectively, this paper analyzed the current legislative situation and existing shortcomings of China′s emergency disposal of marine environmental pollution emergencies and put forward the countermeasures and suggestions based on clarifying the basic concepts, classifications and characteristics of marine environmental pollution emergencies. The results showed that marine environmental pollution emergency was one of the types of environmental emergencies, and the causes could be classified into natural factors and human factors, which were characterized by complex pollution sources, sudden and uncertain, serious harmful consequences and difficult emergency treatment. At present, China′s constitution and laws had relevant provisions on environmental emergencies, while the legal norms specifically regulated the emergency disposal of marine environmental pollution emergencies were mostly found in administrative regulations and rules. Taken the problem as the orientation, the construction of China′s legal system for emergency disposal of marine environmental pollution emergency should further improve the emergency plan system, improve the way of collecting risk information, clarify the functions and responsibilities of law enforcement entities, establish an emergency linkage mechanism, improve the public participation system, establish an accountability system for corporate information reporting, and improve the follow-up investigation and evaluation system and related compensation system.