风险预防原则在防灾减灾领域的适用

On the Application of Risk Prevention Principle in the Field of Disaster Prevention and Reduction

起源于德国环境法的风险预防原则已广泛适用于全球环境保护,成为国际环境法的一项基本原则。随着灾害多发以及人们对灾害问题日益重视,风险预防原则向防灾减灾领域渗透发展。由于灾害风险管理与人权保护、环境保护等问题交叉渗透、密切相关,风险预防原则向防灾减灾领域发展一方面使该原则的适用范围进一步扩大,另一方面使其法律地位进一步强化,成为一项正在形成的习惯国际法规则。将审慎对待灾害风险作为一项国家义务,对于人类社会可持续发展意义重大。无论是从履行国际义务还是从维护国家利益考虑,中国都须未雨绸缪,在综合性的灾害防治立法中确立风险预防原则并推进其适用。

The principle of risk prevention originating from German environmental law has been widely applied to global environmental protection,and has become a basic principle of international environmental law.With the frequent occurrence of disasters and people's increasing attention to disaster problems,the principle of risk prevention has been further developed in the field of disaster prevention and reduction.As disaster risk management and human rights protection as well as environmental protection and many other issues are cross-penetrated and closely related,the development of the principle of risk prevention in the field of disaster prevention and mitigation not only makes the scope of application of the principle further expanded,but also makes its legal status further strengthened,which is becoming a rule of customary international law.It is of great significance for the sustainable development of human society to treat disaster risk prudently as a national obligation.Regardless of fulfilling international obligations or safeguarding national interests,China should take precautions to establish risk prevention principles and promote their application in comprehensive disaster prevention legislation.