论文部分内容阅读
环境风险预防原则是应对环境风险日益凸显的重要原则。通过对环境风险预防原则的分析,发现环境风险预防原则在我国确立中还存在着对其研究程度不够、混同于“预防为主,防治结合”原则以及仍惯于事后执法的传统思维等问题。面对挑战,应多措并举推进环境风险预防原则建设,例如确立环境风险预防原则作为环境法基本原则,转变举证责任主体的机制、建立信息公开等与风险预防原则相关的法律制度,拟采过错责任为风险预防的归责原则,从而预防和遏制环境风险的产生与扩散。
The principle of environmental risk prevention is an important principle to deal with the increasingly prominent environmental risks. Through the analysis of the precautionary principle of environmental risk, we find that the principle of environmental risk precaution still exists in our country, such as the insufficiency of research, the principle of “prevention first, combination of prevention and cure” and the traditional thinking which is still accustomed to law enforcement problem. In the face of the challenges, we should promote the construction of environmental risk prevention measures at various measures, such as establishing the principle of environmental risk prevention as the basic principle of environmental law, changing the mechanism of the main body of burden of proof and establishing the legal system related to risk prevention principles such as information disclosure. Responsibility is the principle of attribution of risk prevention so as to prevent and curb the generation and spread of environmental risks.