On The Construction Of Legal System Of Application Of Precautionary Principle In China

Modernization began in Europe,it is an important dimension to human beings through the development of technology to provide a bright future expectations. As technology advances and the exchange of various awareness blend confrontation, modern society has become more complicated and more prone to split accordingly. Either from the history of logic based on international experience or from the standard of care based on local knowledge, we can see that the current society has entered the risk society.Since the 20th century, since the 90's, the risk of the precautionary principle widely recognized in the international community, and many countries absorbed by the domestic law, but we must also see that the international documents on the provisions of the precautionary principle are not the same. Meanwhile, the international judicial practice, the precautionary principle applies to very few cases, with great controversy. This shows that the precautionary principle are not mature in all aspects, need further development.Precautionary principle of environmental law in China has been established,50 years from the establishment of "prevention first, combining prevention with control" of the basic principles of China's environmental protection, to the planning and design strategies for the environmental impact assessment system that the precautionary principle in our country by the damage prevention to risk prevention. This article is based on our experience in legislative practice and study of foreign systems, identify problems and shortcomings, and then building through the improvement of relevant systems to implement that principle.First of all, the author analyzed the concepts of the risk, risk society, the precautionary principle's basic theory, we have drawn this conclusion into the risk society, risk society, put forward at how to deal with risks, how to guard against. Then again the basic theory of the precautionary principle a detailed description of the basis, such as support for the ethical basis of the precautionary principle, the precautionary principle to support the basis of economics-cost benefit analysis and sustainable development concept and the most characteristic equity theory. Through analysis of these theories, we can establish that risk based on the precautionary principle, but also to better grasp the principles of risk prevention.Second, this aticle analysis the precautionary principle of the foreign environmental laws embodied in the system. Precautionary principle as the most prominent Strategic Environmental Impact Assessment system, total amount control system for enterprise environmental information disclosure system, a detailed analysis to the principle of path formation and development focus, the principles of the Development Path and the role of.Then This article sights on the domestic, on China's environmental laws related to the precautionary principle of risk analysis system, torture, the relevant existing system is adequate, adequate? Need to increase the availability of the new system? Whether the design of the existing systems, there is the problem? What is the impact on the effectiveness of its implementation?In short, this article on the precautionary principle in the basic theory and research on the precautionary principle reflects the basic domestic and international risk analysis system, integration, comparison, that the legal system of risk prevention should cover three aspects:First, comprehensive risk prevention laws; Second, set specific risk prevention laws and regulations; Third, risk prevention and other laws and regulations, such as the inclusion of government procurement law to match the precautionary principle and risk requirements. And the principle path of future development in China is to establish the risk prevention with Chinese characteristics theory and the legal system; strengthen the implementation of risk prevention and legal construction; the establishment of risk prevention system in the process of public participation mechanisms; closely integrated with other principles of environmental protection and ways and means of coordination between various principles; strengthening the principle of sustainable development and the association between risk prevention study, focusing on the application process in face of economic, social and environmental issues.