我国环境保护中风险预防原则的缺失及完善

科学技术的迅速发展给人类带来了惊喜的同时也带来了巨大的风险.在环境领域,科技发展的并发症已经使生态遭受严重破坏而难以回复,而潜在的环境风险则使人们感到害怕而又无奈.正是在这样的背景下,为了应对具有科学不确定性环境问题,风险预防原则应运而生.本文通过研究外国环境法中关于风险预防原则的法律制度和实践,分析了我国环境法中风险预防原则存在的问题,提出了完善该原则的相关建议.

On the Deficiency and Perfection of Precautionary Principle of the Environmental Protection in China

The rapid development of science and technology has brought many surprises to people while bringing huge risks.In thefield of environment,the complications of the development of Science and technology not only have seriously damaged the ecologicalbalance,which is diffieuh to reply,but also the potential environmental risks make people feel scared and helpless.lt is in this con-text that the precautionary principle emerged as the times require,in order to deal with the environmental problems.This principle O-riginated in Germany,and later it was widely recognized in the world.This artlcle,through studying the legal system and practiceabout the precautionary principle in foreign environmental laws,analyzes the problems existing in the precautionary principle of Chi-nese environmental law,and puts forward some suggestions that are consistent with the conditions of our country.