Research On The Pracautionary Principle In The Rio Declaration On Environment And Development

the continuous development of science and technology,mankind has created unprecedented material wealth,but this consumption of the price of progress to our environment is a serious crisis.On June 3th,1992,the United Nations in Rio de Janeiro,Brazil had a conference on environment and development,the General Assembly adopted and signed the "Environment and Development on the Rio Declaration"(the "Rio Declaration"),the Rio Declaration,the principle of the CPC,including 27,in which the precautionary principle of environmental law,the basic principles of construction,has a milestone significance.Offshore drilling platforms from the UK to Japan nuclear leak explosion,we can see,people enjoy the convenience brought by technology,but it was impossible to measure the risking factors in social environment,how to deal with the various natural or man-made risks posed of human society,we can not avoid the problem.On the basis of the precautionary risk,at a reasonable cost,it is becoming an inevitable choice for many governments,legal sense of the precautionary principle is also not uncommon.Therefore,the study of the "precautionary principle" is not only theoretical significance but also more practical significance,this article is intended for system of risk analysis of the precautionary principle,and seeking to explore the Chinese environmental protection principles and the interaction between policy and legislation,and ultimately to improve and make our environmental protection policies and laws perfect to provide the corresponding recommendations.This paper is divided into four parts,the integrated use of historical research,compare,value analysis and other research methods.This paper mainly discusses the "Rio Declaration" precautionary principle and the basic content of the construction of ecological civilization in today's China guide.The first part introduces the "Rio Declaration" of the basic framework of the Rio Declaration,which in the international legal status of environmental legislation,in which the precautionary principle and its manifestation and importance.The second part describes in details of the basic theory of the precautionary principle,including the origins of the precautionary principle,the meaning of the applicable conditions and the methods by value analysis,discussion of the precautionary principle behind the hidden potential benefits.The third part of the useof comparative methods to analyze the different countries and regions for the position of the precautionary principle and by the jurisprudence of the international community for a presentation of the precautionary principle of international legal status.The fourth part of the introduction of the precautionary principle of China's advantages and disadvantages based on the analysis,discussing the legislative status of the precautionary principle of China,and how to improve the ecological civilization precautionary principle putting forward some suggestions for the improvement and measures.