On The Principle Of Environmental Risk Prevention System To Achieve Its

The international community generally believes that environmental risk refers to theprecautionary principle to protect the environment for the purpose of each countryshould be its universal precautionary approach within their respective capacities.Particular need to focus on the precautionary principle in environmental risk isenvironmental legislation in the traditional principle of distinction environmental riskprevention, environmental risk prevention principle in environmental legislation whichis actually the traditional principles of environmental risk prevention supplement andsublimation.Environmental risks arising precautionary principle has a strong legal value, that ismainly reflected in its protection of the ecological safety of the realization of justice, theenvironment, but also to promote social harmony.The existence of any kind of system or principles can not be perfect, environmentalrisks precautionary principle can not make an exception.Environmental risk preventionprinciple defect from six aspects are discussed in this article:First, the lack ofenvironmental risk prevention legislation in principle in environmental law, thissituation is not only present in the environment in which national legislation,international environmental law have the same problem;Second, there is theenvironmental risk prevention regarding compensation system is not very robust,compensation or compensation are subject ambiguity exists;The third is a single way ofinformation disclosure, and in many cases the government is not timely publicinformation is also not comprehensive enough;Fourth, the public can not effectivelyexercise their right to participate, you can not protect their right to know;Fifth,environmental risk assessment and early warning systems are still inadequate, leading toenvironmental risk prevention work can not be effectively carried out;Six environmentalimpact assessment system defects in the environmental protection field; finally itsshortcomings in the absence of performance-related liability regime..In the field of environmental law to prevent deficiencies exist in principle forenvironmental risks, propose measures to improve.Legislation on environmental riskprevention principle in environmental law shortage this situation, given theenvironmental risks through environmental legislation in the legislative status of theprinciple of preventive way to.Environmental compensation system is the need to improve the range of clear compensation body, to set a standard to determine how muchcompensation can also set up instead of the compensation system to compensate for thelack of compensation system.On improving the information disclosure system may beable to timely public disclosure by expanding the ways to protect information, acomprehensive public ways.On the public’s right to know and participate in relevantlaws need to be identified so that the public can effectively participate in, exercise theirright of supervision.On environmental risk assessment and early warning system shouldbe established corresponding legal system, its special requirements.Improve on theenvironmental impact assessment system, the primary task is to establish the jointresponsibility of the EIA agencies. Finally, the system should also be established toregulate the responsible government action to prevent abuse behavior.