The Research Of Environmental Risk Prevention In Administrative Law

Living in the modern society with the rapid development of the technology.We enjoy the comfort and convenient brought by the advanced technology. However, even staying in such environment which human feel at ease, the risk of human behavior and technology always threaten our own lives and even the public order.As for the government which has the function of the public management and service, how to establish better social order and ecological environment is the current problem that the government needs to solve. The society develops constantly, as well as the modern administration. Facing the environmental risk and ecological damage which is represented by haze phenomena,how to change the role of the government to adjust the ’risk society’ and the details about how government prevents the risk in the area of existing executive law are the main content. In addition, the deep meaning and problems of the legal system will be included.Through rethinking the current administrative system, how to use different ways to prevent environmental risk is also be illustrated.Specifically,the dissertation will be divided into four parts in order to discuss the administrative law in environmental prevention.The first part mainly includes the simple illustration about the environment, environmental risk and the theory of environmental risk prevention.The second part introduces the reason why the administrative law and relevant theory could work on the environmental risk prevention. In this part, there will be two aspects.For the first aspect,the realistic requirement of the public for the government prevention and control in the risk society will be shown. The second aspect is the compatibility of administrative law and environmental risk prevent and control. Through the introduction of several Representative system such as the Pollution-Discharge Permit System, system of charges on pollution draining, environmental impact assessment system, the third part will illustrate how administrative law pretect and control the environment risk.In the last part of the thesis, the vision and thinking will be expand, using the research of administrative law as a starting point, and also using the public interest litigation of the current civil law system and The theory of economic externality in China as reference, propose several solutions of prevent and control environmental risk.