Research On Legal System Of Environmental And Health Monitoring In China

A good and comfortable living environment is the appeal of citizens under the rapid economic and social development in our country.In recent years,public health damage caused by environmental pollution happened frequently,and the contradiction between these two has become increasingly prominent.Protection of human health is the ultimate goal of environmental protection work,under the guidance of this concept,environmental and health risk management has become an inevitable requirement.Environmental and health monitoring is the basic link of environmental and health risk management.The data acquired via environmental and health monitoring are the premise and basis for all subsequent environmental and health issues.Environmental and health monitoring is not a simple combination of environmental monitoring and health monitoring.It is also a monitoring process that combines the characteristics of the population and the exposure process.China has preliminarily established a legal and policy system for environmental and health risk management.However,in the construction of environmental and health monitoring legal system,it still faces the lack of legislation and regulation,the main body of responsibility for monitoring is ambiguous,gaps still remain in the scope of monitoring objects,and the monitoring data is unreliable,Non-standard monitoring procedures,lack of monitoring mechanisms and legal responsibility and other issues.For the existing problems,we can refer to learn from relevant experience outside the region,combined with China’s actual national conditions,specialize the legislation and regulation of environmental and health monitoring as soon as possible,layout of points,an establishment of an independent standard system,a clear stipulation of responsibilities,and strengthen information disclosure and sharing.Aiming to make clear institutional arrangements to effectively promote the development of China’s environmental and health monitoring legal system.This article has six parts.The first part is an introduction,including the background and significance of the environmental and health monitoring system,the review of the research status both domestic and abroad,and the research methods.The second part mainly summarizes the environmental and health monitoring system.The main contents include the analysis of concepts related to environmental and health monitoring,clarify the relationship and differences between environmental and health monitoring and environmental and health surveys,risk assessment and risk prevention,and defining the basic connotation of environmental and health monitoring from the 20 th century 80.In this part,the value of constructing environmental and health monitoring system is discussed in three aspects: human rights protection,intergenerational equity and the maintenance of legal order.In addition,this part will demonstrate the differences between precautionary principles from the environmental law system and environmental and health monitoring from two perspectives.The main content of the third part is to discuss the current dilemmas faced by China’s environmental and health monitoring system.The most prominent problems are the lack of legislation related to environmental and health monitoring,the level of legal origin,the lack of health-based legislative concepts.And from the perspective of system construction,this paper discusses the problems of ambiguous responsibility and lack of integrated operation mechanism,gaps in the scope of monitoring objects and lack of monitoring standards with health as the core.The main content of the fourth part discusses the EU and the United States in the environmental and health monitoring work accumulated experience.The EU,taking the European Directive on Environmental Air Quality and Clean Air as the starting point,introduces the EU’s experience in determining air quality standards,setting environmental and health monitoring sites,disclosing pollutant information and building a regulatory environmental and health monitoring system.Referring to the United States,it is noteworthy that the development of a health-based environmental monitoring standards,by setting the United States EPA developed atmospheric pollution levels of lead in the standard process as an example,finding a balance of between environmental monitoring standards and health factors,and describes the setup and legislative system of the U.S.environmental and health monitoring agencies.The fifth part is to put forward suggestions on how to set up the monitoring system of environmental and health in our country,draw on the experience of the European Union and the United States,to improve relevant legislation,clarify the main body of environmental and health monitoring,complete the scope andmonitoring network,establish a health-based monitoring standard with an information closure network.The sixth part is the conclusion,summarizing the main contents and ideas of this article.