The Study Of The Regulation On Environmental Risk

On the background of the globalization, the environmental risk has been an eye-catching social events which occurs very frequency. German sociology Ulrich Beck, a representative of western social community, concluded a systematic statement through modern reflection, mutual related various kinds of "some" risks and its status and effects.Meanwhile, China has to deal with an unprecedented high risky social statement. Social structure goes sharp dramatic transformation as the results of the economic development after the opening up and reform policy. Threats and risks are breaking out in China constantly which occurred in other countries in past hundreds of years. Environmental risk is one of the most typical risk eventually influencing human beings healthy and lives through polluted soil, air and water which are reliable natural resources.Therefore, this paper analyzes social risk theories of western community in the context of China risky society from the point of Marxism to criticism and absorption. It is deniable risky society is a particular society formation rather than a historic phrase of country development."Risky Society" theory reflects descriptions, introspection and reflections on problems resulted from modernization process aiming to seek restructure social norms for the purpose of modernization improvement and become orderly.Based on all mentioned above, this paper focuses on potential and unpredictable features of increasingly complex environmental risks. And then analyzing China risks proportion and wholly considering existing environmental risks law rules and regulations. At present, China puts ecology safety on the essentional place and establishes "Precaution Rules" through legislation so as to emphasizing on Environmental risks law regulations. However,specific legal rules limit environmental risks within the environmental emergency disposal progress.Depending on analyzing the existing contradictions of China's environmental risky legal regulations, this paper points out three legal dilemmas.The first one is regulations itself and value orientations; the second is legal regulation's certainty and then risky responsibility distribution. The corresponding answers to these three dilemmas from the view of Jurisprudence are promoted as the following paragraph.Experiences reference from EU, USA and Japan's risky legal regulations to establishing and improving environmental risky legal regulations in four ways:Firstly, create risky rule of law principal;secondly, establish environmental analyzing management institution system to respond risks scientifically; thirdly,establish responsive legislative system to launch arrangement in case of environmental risks timely and precisely; and the last one is completing public policy guideline in order to reduce or even eliminate environmental risks favorable operations in various aspects of society adapting guiding legal regulations.