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Research on Legal System of Drinking Water Safety in China

Author: ZhouLinYan
Tutor: ZhaoJingTao
School: Jilin University
Course: Environment and Resources Protection Law
Keywords: Safe drinking water Management system Basic system Liability
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 540
Quote: 1
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Abstract

Drinking water is a basic human survival needs. CPC Central Committee and State Council attached great importance to safety of drinking water, General Secretary Hu Jintao, Premier Wen Jiabao made important instructions several times. In recent years, the central and local increase urban and rural drinking water safety work, and adopted a series of engineering and management measures to address some of the residents of urban and rural drinking water safety. However, drinking water safety situation is still very grim, water shortages in many areas, and some urban drinking water pollution, drinking water in some rural areas there is brackish or contain fluorine, high arsenic and schistosome pathogens and other issues, the body masses of the people a serious health threat. From 2000 to 2007, China's Hunan, Jiangsu, Liaoning, Anhui, and Jiangxi have occurred in many parts of serious drinking water contamination incidents, resulting in local people's life drinking water, endangering people's health. UN Secretary-General Kofi Annan in his Millennium Report that: \The problem is affecting national security, social stability and people's health a major issue. With the economic development people's living standards continue to improve, in a great while economic forms attendant environmental problems, over-exploitation of resources and inappropriate development makes serious waste of resources and shortages and other problems. Water is an integral part of people's production and living resources, is the blood of the earth. Particularly drinking water relations people's lives and health. As the severity of the problem of drinking water safety, water safety has become the focus of attention around the world, China's drinking water safety is also related to legal protection, but the existing law also does not adequately protect the safety of drinking water. This article from the comparative safety of domestic and international legal protection of drinking water similarities and differences, learn from foreign experience to reform the legal protection of drinking water safety. Paper is divided into four parts. The first part is an introduction and drinking water safety principles, this section illustrates safety of drinking water from three aspects: Firstly, the connotation of safe drinking water; Second: the need for legal protection of safe drinking water; Third: legal protection of drinking water safety The basic principles; generally considered safe drinking water refers to water for human life no health risks, hazards, interference and other adverse effects; With the emergence of freshwater resources, water crisis and severe water pollution, drinking water safety laws really necessary protection; legal protection of drinking water in line with public safety, the absolute priority, security, fairness, on the principles of state support, establish and improve the law, according to the law for protection. The second part of the legal protection of drinking water safety system, this part of the legal protection of safe drinking water main contrast in different ways at home and abroad, the outstanding achievements from abroad improve our security system. This section explained from three aspects: Firstly, China and the legal protection of drinking water safety management system; Second: Foreign legal protection of drinking water safety management system: The Third: domestic and international legal protection of drinking water safety management system Comparison and Experience. From our existing laws protect the safety of drinking water as the starting point, analysis of the current situation and lack of legal basis, describing the United States, Japan, developed a management system ensure safe drinking water, compared to the difference between domestic and foreign, learn the experience of the US-Japan Improvement of the management system. The third part is the legal drinking water safety protection system, safe drinking water in this part of the main comparison of different domestic and international legal protection system, whichever is the essence to its dregs improve our basic system of legal protection. This section explained from three aspects: Firstly, the legal protection of drinking water safety situation and the basic system defects; Second: Foreign legal guarantee safe drinking water a basic system; Third: domestic and international legal protection of basic drinking water safety system Comparison and Experience. Legal protection of drinking water safety system status and legal defects biggest problem is the inadequate supply of several existing law can not protect the safety of drinking water to meet the needs. Safety and security of drinking water a basic system includes drinking water source protection area system, water quality standards system and the emergency response system. These systems also exist in foreign countries, but it has a different in detail, on comparing the two, the lessons of foreign experience to reform the basic system of drinking water safety, improve the water system of protected areas, improve water quality standard system, improve water quality monitoring system, improve the emergency response system, to establish a stable investment regime, the establishment of water conservation systems and the establishment of distribution pipe network security system. The fourth part is the responsibility of legal protection of drinking water safety, the law comes with responsibility, this part is mainly for violation of laws and regulations of different subjects different responsibilities explained in the main line of legal protection of drinking water safety responsibilities. This section explained from three aspects: Firstly, the legal protection of drinking water safety legal basis for liability and status; Second: Foreign legal protection of drinking water safety liability; Third: domestic and international legal protection of drinking water safety liability contrast and Experience. Legal protection of drinking water safety is the responsibility of the legal status of supply shortage, lack of strength and weak enforcement penalties, liability regime by studying abroad and absorb the experience to reform the liability regime to civil liability, administrative liability and criminal liability as the main line to build our country's drinking legal protection of water safety responsibility system. In recent years, with the safety of drinking water problem has been highlighted more and more scholars are concerned. Currently, the use of technical means to ensure safe drinking water studies have reached a high degree of safe drinking water, the legal aspects of research efforts is relatively weak. Ministry of Health wading Experts Committee, Chinese Military Academy of Medical Sciences, Professor Liangzeng Hui wrote \University of Economics, University of Politics and Law School Professor Lv Zhongmei wrote \Pollution Prevention Act to modify the relationship made a more systematic exposition. Northeast Forestry University, Lin Yi's \Ministry of Construction, Zhang Yue wrote \There are other scholars are also varying degrees of attention to safe drinking water problems, but generally speaking, the legal issues of safe drinking water research is still in its infancy, but also need more people involved, more in-depth study and research, to contribute to the improvement of drinking water safety legislation.

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