The Study On The Administrative Regulation Of Environmental Risk By Law Field Of Vision

Since the last half of the twentieth Century, sustained environmental degradation and excessive consumption of resources around the word,make countries to think about how to keep the sustainable development of the coordination of economy and environment at the same time as promoting economic growth.Environmental problems and even Environmental risk problems continuously appear,human society has entered into a society full of risk,and this society characterization of the environmental crisis.The relationship between people and the environment has been already very tension.Implement the environmental regulation policy has become a strategic choice for most countries and regions.With the risk regulation become national task,the research of administrative law of risk is rising around the globe.To study the administrative regulation of environmental risk in the view of law,first of all,we should starting from the basic question of the environment and regulation,to define what is environmental risk,to analysis the two major controversial in the field of administrative regulation of environmental risks:the conflict between science and democracy,the public-private partnership.In recent years,environmental pollution and environmental risk group incidents frequently occurrence in our china,knock alarm bell noisy to China’s environmental risk regulatory.In the pollution control oriented environmental regulation,Environmental policies, laws and institutions played an important role.But in the prevention of risk oriented environmental regulation,Should pay more attention to the government, enterprises, experts and the public cooperation under the framework of the rule of law.to achieve fruitful control of risk.The legislative and regulatory mechanisms of administrative regulation of environmental risk in our country are insufficient,there are barriers between between Communication of the government, experts, business and the public.the United States, Germany and Japan has its own advantages in terms of communicate risk, environmental risk administrative regulation legislation and regulatory mechanisms,can be used for reference to improve our environmental risk administrative regulation system.Focus on the questions which exist in our country’s environmental regulation legal system, based on the reference of overseas advanced legislation and refers to our country’s actual conditions,the article proposed the suggestions of the administrative regulation of environmental risk in China.First,we have to improve the environmental risk regulation legal system,deepening the concept of ecological civilization construction,the content of environmental risk and the precautionary principle of risk should be included in the environmental laws and regulations,systematic relevant laws of administrative regulations of environmental risk,to make sure the administrative regulation of environmental risk on to a legal footing.Second, we can solving inadequate regulatory regimes in environmental risk administrative regulation mechanism through the clear mechanism of authority and responsibility,to guarantee regulatory coordination and legitimacy.Last,in the concrete suggestion on perfecting administrative regulation on environmental risk,attention should be paid to the information assurance and communication,risk communication and the power of the media are all the effective way that does not allow to be belittled to regulate the environmental risk;risk administrative regulation through the contract is desirable in the practice of administrative regulation of environmental risk in our country,but needs to given an explanation to it’s shortcomings and overcome ways in the the view of law.