Research On Legal Regulation Of Environmental Risks

High technology has not only brought conveniences and benefits to human beings and society,but also led us into the society with various risks.Among the risks we are facing,the environmental risk has become one of the key issues.Problems such as environment degradation,resource depletion,reduction of biodiversity and the nuclear threat have sounded the alarm to human beings who are breaking the natural balance.However,it has become a dilemma that we have to sacrifice the environment and natural resources which we must protect in order to maintain our survivals and society development.Thus it has been a new mission for the new Environmental Law in present risk society that how to deal with the contradiction between the environment and development and how to regulate the environment risk appropriately.To start with,the performance and characteristics of environmental risk is analyzed based on the "risk society theory".The unpredicted abilities,uncertainties and serious damages of the environmental risks have made it differentiated essentially from traditional environment problems.Thus it is required that the environment law which aims at environment risk regulation should be modified in the macroscopic and microscopic scope.For the macro scope,the preventive thinking and consciousness of responsibility should be added to the legislation idea,while for the micro scope,the corresponding system should be established such as cognition,review,precaution and post-processing regulations.Due to the global impact of environmental risks,it is required that environmental risks should be regulated in the world view,while the environment law research in china should be based on Chinese problems.China’s environmental risks are especially remarkable due to "the Time-Space Compression" accompanied with its development of economics and society.In addition to the accumulation of traditional industrial pollution problems,the behavior deviation of the government and imperfection of systems move on to the dangerous direction.Thus,it has become a urgent issue for the environment risk regulation of China that risk awareness should be founded and the system structure should be improved.As a natural fact or possibility Environmental risks should be fully cognized before entering the legal regulation which requires comprehensive environmental risk assessing system.Following certain principles and procedures,environmental risks will be to cognized.Review through the Cost-benefit approach,weigh the benefits and harm from the risks,thus make the preliminary environmental risk management possible.This constitutes first defense line for environment risks by the law.For our country,it is extremely necessary to put the government action into the environmental risk assessment range.Legal constraints on environmental risks become further regulation after certain activities with environmental risks.Constraints include pre-emptive and post treatment.The former put the risk precaution principles into practice by using systems such as information disclosure and cleaner production while the latter is to allocate the loss from the risks after the damages of the environment risks which achieve the precaution aim from post-deployment.Reconstruction of liability is important protection for legal system operation regulated by environment risks.Facing the ’organized irresponsibility’ in risk society,traditional department law liability form,content,and pursue ways cannot fully meet the requirements for risk regulation,which needs a breakthrough.In the background of environmental risk,both the primary and secondary responsibility of the government has changed.The former refers to the need to improve their risk decision-making model by the government while the latter refers to the emphasize on the enforcement of the secondary responsibility.Enterprises should bear the extended producer responsibility,while the majority of ordinary citizens also needs to be aware of the connections between their daily lives,consumer behavior and environmental risks,which helps to reduce environmental risks when everyone takes the responsibility in choosing the life styles.