The Legislative Confirmation On The Controlled Risk Principle Of Hazardous Wastes

Hazardous waste is a kind of solid waste with greater environmental risk.In the process of treatment,it should adhere to the controlled risk principle of hazardous wastes.This principle can be described as when there is a big risk to human and animal health or ecological environment in process of discharge or transport in the area of hazardous waste,even though there is no scientific evidence that the behavior produces harm results,we should stop the behavior in the reason of risk prevention.If the behavior has been completed,we should take measures to prevent the risks which can produce harmful results.At the same time,in the application of the principle,it is necessary to take precautions that are commensurate with the risk level,which can not be contrary to the principle of cost benefit and proportion.However,the controlled risk principle of hazardous wastes still remains at the theoretical level in China,and needs to be confirmed by legislation,which can become a legal principle guiding the legislation of hazardous wastes.The legislative confirmation of this principle is necessary.First of all,the principle is the inevitable requirement of the risk society.Secondly,"The Law on Pollution Prevention and Control of solid waste",listing mechanism of hazardous wastes,and legal system for the safety management of hazardous chemicals have been reflected on the principle,which shows it is necessary to confirm the principle by means of legislation urgently.In addition,the provision of international hazardous waste legislation can provide reference for our legislation.So,it is more necessary to confirm the principle by means of legislation.In the light of the reality of China,we should make some measures to carry out the principle.Firstly,we can increase the specific provisions of the principle in the "solid waste law".We should determine the limitation of the principle,combined with the principle of proportionality,the management organization and government responsibility.Secondly,we should improve the existing hazardous waste management system.We should realize dynamic update in listing mechanism of hazardous wastes.We can increase the penalties in identification system of hazardous wastes to control the risks of hazardous waste activities.Finally,we can increase the legal system of environmental risk assessment and the environmental risk information disclosing in the area of hazardous wastes.