我国环境法确立风险预防原则的思考

Reflections on the Risk Prevention Principle of Environmental Law in China

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。

Environmental risk prevention principle is an important principle in response to environmental risk highlights day by day. Through the analysis on the principles of environmental risk prevention, it was found that environmental risk prevention principles established in China still have many problems such as their research degree is not enough, confused with the principle of ＂prevention first, combining prevention with control＂ and accustomed to the traditional thinking after law enforcement. Face the challenge, we should take measures to promote the construction of environmental risk prevention principle, for example, establishing environmental risk prevention principle as a basic principle of environmental law, the transformation mechanism of the burden of proof subject, setting up the system of information disclosure and the legal system of risk prevention principle related, to prevent and curb the generation and diffusion of environmental risk.