Legal Regulation Of Environmental Health Risk In China

Environmental health risk is the possibility or inevitability that human activities are the inducement and the environment is the carrier,which will eventually bring about adverse effects on the public health of society.In 2014,after the “ Environmental Protection Law ” was revised,public health protection was included in the scope of environmental protection laws and regulations.The principle of risk prevention is of great value in the environmental protection law system,and legal regulations on environmental health risks have gradually entered people’s field of vision.However,the current domestic theoretical research and legal practice on environmental health risks are still in the exploratory stage.In the context of risk society,environmental health risks,as a species of environmental risks,have the characteristics of compounding,grouping,and suddenness.Its regulatory subjects and targets have multiple attributes,and the regulatory methods are systematic,that is,from risk identification,Monitoring,evaluation,management and communication are all linked together.Different from environmental health risks,it is precisely based on the unpredictability of risks and the proneness to cause damages,my country’s legal regulation of environmental health risks is facing many challenges.First of all,the concept of environmental health risk regulation is backward.Especially in environmental public interest litigation,lawsuits are often filed against the consequences of damage that have already occurred,and the concept of risk prevention has not been implemented.Secondly,the environmental health risk regulatory measures are ineffective.My country lacks the integration of environmental health risk assessment,management and communication from the legal perspective,and the relevant legal regulations and measures are not detailed and specific.Finally,the environmental health risk management model is not perfect.Under the dual-leader model,administrative agencies shirk each other’s responsibilities,and the traditional management model of crisis management is not sufficient to deal with emerging environmental health risks.Due to the absence of special environmental health laws,the environmental health risk prevention system is not complete,and the risk assessment mechanism is not perfect,the supervision and coordination system is not sound,and the scope of risk factors affecting environmental health is too narrow,and environmental health risk management cannot be controlled from consequences.Transition to a risk-controlled environmental regulation model.Therefore,the legal regulation of environmental health risks can solve the dilemma of risk prevention in the following aspects:Firstly,in the legislative model,the "Environment and Health Law" shall be formulated in the direction of special legislation to strengthen the existing environment Convergence between health legislation;secondly,in terms of legislative concepts,take risk prevention as the core,build a risk information management system around this core goal,and incorporate health standards into the scope of environmental standards;thirdly,in terms of core systems,Based on risk assessment,build a complete risk assessment rule system and introduce third-party assessment;fourthly,in terms of the regulatory system,use risk management as a means to strengthen government supervision,establish a coordination system with multi-departmental responsibility and division of labor and cooperation between various departments,and enrich the support of technical means;finally,in the communication mechanism,the participation of multiple parties is guaranteed,and the role of the government,enterprises,other social organizations and the public is emphasized.On the issue of environmental health risk regulation,we will discuss and exchange opinions together.Build an information exchange platform to jointly manage environmental health risk issues.In the face of environmental health risks,it is necessary for everyone to actively assume environmental responsibilities under the premise of following the laws of nature.Legal regulation of environmental health risks is to improve the environmental health risk governance system and governance capabilities,and promote environmental health,ecological safety,and environmental health.The important guarantee of biosafety is a powerful measure to realize the healthy China strategy.