Research On Legal Mechanism Of Environmental Risk Communication

The "fourteenth five year plan" puts forward the goal of "strict prevention and control of environmental risks".In order to achieve this goal,it is necessary to carry out effective environmental risk communication.In recent years,although China’s sudden environmental events show a downward trend,major environmental risk accidents still occur from time to time.In the face of environmental risk,the government,enterprises and other environmental risk information controllers should "block is better than sparse,sparse is better than lead".Environmental risk information is the core of environmental risk communication.From the current situation of practice,there are many legal regulations and system problems in the mechanism of environmental risk communication,which are mainly reflected in the difficulty of identification,collection and sharing of risk information.It is unrealistic to change the status in a short period of time.We might as well find another way,from top-down system reform to bottom-up micro reform.This paper attempts to explore the ontology of environmental risk information,find a new way to identify,obtain and share environmental risk information,and promote the substantial improvement of environmental risk communication.The 14 th five year plan of China proposes to create a new advantage of digital economy.In this way,the digital environmental protection system is constructed by using the existing technology,and the risk sources are found accurately and timely,and the accurate identification of environmental risk information is realized,and the digital environmental protection platform is set up to share the environmental risk information.When the environmental risk information is confirmed for the first time,it is difficult for enterprises to conceal the risk information,the government does not need to spend huge manpower and material resources to collect the environmental risk information,and the public will actively participate in the communication when they know the related environmental risks.In this way,the environmental risk communication mechanism can operate smoothly.This paper is divided into four parts.The introduction mainly introduces the status of legislation,practice and research of environmental risk communication,and the significance of the legal system of environmental risk communication.The first chapter is the meaning and theoretical basis of environmental risk communication.Environmental risk communication is divided into two concepts: "environmental risk" and "risk communication",which are discussed respectively,and then the meaning of environmental risk communication is deeply understood and grasped as a whole.Secondly,starting from the theoretical research of environmental risk communication,the paper demonstrates the origin and theoretical support of environmental risk communication.Beck and Giddens’ risk society theory strengthens human’s risk consciousness,crisis consciousness and prevention consciousness,and makes human understand that environmental problems are related to the common destiny of all human beings.The best time to solve ecological environmental problems is at the beginning and in the process of ecological crisis formation,not after the serious consequences are irreparable.Habermas’ theory of deliberative governance lays the foundation for environmental democracy.It takes language as the communication carrier,fully expresses individual opinions through equal dialogue between subjects,promotes mutual communication,and finally reaches a consensus.Environmental democracy guarantees the rights of citizens to participate in environmental protection and reflects the fairness and justice of the law.In the process of participating in environmental protection,citizens enhance their awareness of environmental protection and deeply realize that every citizen has the obligation to protect environmental resources.Thirdly,environmental democracy strengthens the social supervision of environmental decisions and environmental management of administrative departments.The second chapter is the norms of environmental risk communication in environmental legal system and its inspection.Through the connection between environmental risk communication and environmental impact assessment system,information disclosure system,environmental permit system and pollutant discharge permit system,this paper analyzes the similarities and differences between environmental risk communication and relevant environmental legal systems,and studies the practical difficulties faced by the construction of legal mechanism of environmental risk communication from the perspective of relevant environmental legal systems,as well as the suggestions for the construction of legal mechanism of environmental risk communication For some reference and reflection,and then strengthen the argumentation of the necessity of constructing the legal mechanism of environmental risk communication.The third chapter is the construction of legal mechanism of environmental risk communication.This part mainly discusses the subject of environmental risk communication and its rights and obligations,the object of communication,the construction principles,stages and Countermeasures of environmental risk communication,and the relief of environmental risk communication.The suggestions for the improvement of environmental risk communication are carried out from six aspects: first,the environmental risk information is recognized and obtained by means of environmental information tools;the government realizes the identification of environmental risk information through "digital environmental protection",and the enterprises voluntarily disclose environmental risk information through "digital environmental protection".Second,the environmental risk assessment is realized by the big data of EIA.Third,improve the enthusiasm of public participation in environmental risk communication,ensure the scope of public participation in environmental risk communication,enrich the way of social public participation in environmental risk communication,and build environmental risk feedback channels.Fourth,we should adhere to the priority of environmental protection and realize the prevention of environmental risks.We will improve the system of political performance evaluation and realize the coordinated development of environmental protection and economy.Fifth,the government should fulfill the relevant commitments and establish the trust relationship between the public and the government and experts.Sixth,strengthen the supervision of environmental risk and improve the right relief.The supervision of environmental risk communication is strengthened through the publicity of environmental information,the supervision of news media and the participation of the public.Through administrative relief and judicial relief,the protection of the right in environmental risk communication is realized.Administrative reconsideration and administrative compensation constitute the administrative relief mode.Preventive environmental administrative public interest litigation is the judicial relief mode of environmental risk communication.Both of them jointly constitute the relief mode of legal mechanism of environmental risk communication,and ensure the effective operation of the legal mechanism of environmental risk communication.