On The Legal System Of Environmental Risk Assessment

Since 1990s, the precautionary principle has been admitted extensively in the international community, and is absorbed by the domestic laws of a lot of countries. The environmental risk assessment(ERA)as to implement the precautionary principle has been set up and won preliminary development in the American-European developed country, especially in international environmental trade, he ERA has become an indispensable part while making policy of trade of various countries .Because of seldom distinguishing new-type environmental problem namely environmental risk produced since the third scientific and technical revolution from traditional environmental problems namely environmental pollution and destruction produced many projections among official side and theoretical research in our country. So when Setting up environmental protection system, there's only an environmental impact assessment(EIA) to prevent traditional environmental problems but no system of ERA to take precaution against environmental risk. But in practice, direct against such questions as the more outstanding risk accident , transgenic security of living beings , agriculture chemical security , employment security ,etc., the regulatory files of the relevant ministries and commissions of the State Council have already put forward the demand for the ERA of these fields, especially the Ministry of Agriculture has already stipulated such relevant problems as the subject, procedure of the ERA of transgenic living beings ,etc. among the legislation of transgenic security of living beings.This text thinks , the environmental risk is a kind of new environmental problems produced since the third scientific and technical revolution, still have greater uncertainty to this kind of question in science knows, its' taking place mechanism , reasons , danger consequence ,etc. between traditional environmental problems have heavy difference in danger, so the system of EIA can't respond to the request when we take precautions against the environmental risk order to comply with the needed practiced in environmental protection, our country should set up the system of ERA .Centering on this purpose, this thesis launches research from four respectsChapter one can summarize as the basic theoretical question of the ERA namely answer basic theory, necessity and rationality question of setting up system of ERA. Adopting law science of the concept and compare the analytical method partly, define the concepts of" risk " , " environmental risk " , " environmental risk assessment ",and has analysed the indifference between " environmental risk " and " traditional environmental problems " especially, " environmental risk assessment" and " environmental impact assessment". It is appraised that the ERA is different from EIA such as the target, method, subject, procedure and basic principle.Chapter two can summarize as the basic content of the system of ERA, namely answer the realistic possibility of setting up the system of ERA Have originallyintroduced the general principle of the ERA------the subject and its' duty, the rangeand procedure briefly partly, and summarize out several kinds mode of ERA from a series of typical cases ,to balance the uncertainty. It emphasizes on such procedure as health risk assessment biological risk assessment, transgenic living beings risk assessment and transnational environmental risk assessment.Chapter three can summarize as the legislation and practice of the ERA, namely answer the operation question in practice of system of. ERA .It also introduces the content of the system of ERA from world, foreign countries angle separately, and carried on real analysis, for the example, with the beef importing case of USA and Europe, U.S.A. stored the mineral products case. It emphasize on introducing GATT (1994 ) , " TBT agreement " , " SPS agreement " , " CBD convention " and " Biosafety protocol" especially partly, provision on carried on real example analysis .Chapter four can summarize as the basic thinking of structuring the legal system of ERA in our country, namely answer how to build the system of ERA, The all opinions are based on the above study. This chapter is divided into four sections. Section one sums up the basic principle of ERA that the activity should be followed.Section two designs the procedure of ERA ,namely the risk is discerned ------riskassessment ------administrative decision of the risk. Section three and Section fourdesign the subject, range, target and the legal result of the conclusion of ERA.The last part of this paper is the conclusion. This conclusion providently makes a summary of the basic issues in an all-round way. Meanwhile, it points out the ways that our country should follow, to further perfect our domestic legal system of ERA.