Institutional Construction of Precautionary Principle in China's Environmental Law in the New Era
In the context of risk society,the position as international customary law of precautionary principle is gradually clear and consolidated in the field of international environmental law.In order to maintain national ecological security,achieve modernization of eco-environment governance,enhance the coordination and scientificity of China's environmental legal system,and achieve logical coherence in the current eco-environmental legal reform,it is urgent to establish the precautionary principle as the basic principle of China's environmental law.In the future,the environmental code should explicitly proclaim the"precautionary principle",and its implementation should adopt a total score model.The precautionary principle only applies to the risk of eco-environmental damage.The three intensity versions of precautionary principle are complementary and interconnected organic unity that are flexibly applicable to different types of serious or irreversible eco-environmental risk activities with a possibility of occurrence that should reach a level of"reasonable suspicion".The negotiation and cooperation model of eco-environmental risk regulation is a feasible path choice for ecological environmental risk regulation in China,incorporating the formation of physical consensus on eco-environmental risks into the procedural legal system process and interlinking scientific rationality and social rationality into legal rationality.
NETL
NSTL
万方数据
维普
