公共安全视野下环境风险规制的改进

环境风险严重影响公共安全,进而破坏社会和国家的稳定与安全。理论上,基于公共安全考量的环境风险规制有明确的政策依据和可执行的法律环境;实务上,基于公共安全考量的环境风险规制由公安机关依法参与政策制定并保障其实施。当前,"重"事故应急而"轻"风险预防、"重"公安职能而"轻"开放合作、"重"实体规制而"轻"程序制约的现状,是公安机关防范和化解环境风险面临的难题。改进之策在于明确公安机关参与环境风险规制的范围和职责;完善公共安全视野下环境风险规制的制度供给;建立公安机关参与环境风险规制的专家咨询制度;加强公安机关应对环境风险能力的应急预案建设。

Improvement of Environmental Risk Regulation from the Perspective of Public Security

Environmental risks seriously affect public security, which could further undermine political stability and threaten national security. Theoretically, the environmental risk regulation based on public security consideration has a clear policy basis and enforceable legal environment. In practice, the environmental risk regulation based on public security consideration involve public security organs participating in policy formulation and ensure their implementation in accordance with the law. At present, the current situations of "heavy" accident emergency and "light" risk prevention, "heavy" public security function and "light" open cooperation, "heavy" entity regulation and "light" procedure restriction, which are difficult problems for public security organs to prevent and resolve environmental risks. The improvement measures include: Firstly, clarify the scope and responsibility of public security organs participating in environmental risk regulation. Secondly, perfect the institutional supply of environmental risk regulation from the perspective of public security. Thirdly, establish an expert consultation system of public security organs participating in environmental risk regulation. Fourthly, strengthen the construction of emergency plans for public security organs to deal with environmental risks.