The Construction Of Legal System On Environmental Risk Precaution

Environmental risk has become a direct result of high technology. The hazards of the environmental risk are latent and irreversible. These features of the environment risk make a lot of victims who are the contemporary people or the descendents, and the expenses of environmental modification are so high. All the above tell us that environmental risk precaution is so important and essential. In China, our environmental law has not a sound system focus on environmental risk precaution, so the definition of environmental risk is ambiguous and the relief channel of environmental risk is sole. Therefore, it has important theoretical and practical significances to establishing the legal system of environmental risk, to protect our environmental security, national security and the legal rights of the victims who be mired in environmental risk, meanwhile, it even becomes the require of the harmonious society. The full paper are divided into four parts:The first part of the paper focus on the basic theories of environmental risk. It defines the conception and features of environmental risk at first. The necessity of environmental risk be described through environmental risk has hung over the environmental security and national security.The second part of the paper focus on legal theories of the legal principle of environmental risk. For a start, the specific content of legal principle will be composed by the precautionary principle, sustainable development principle. After that, it analyzes that legal principle plays a leading role in the legal system from a theoretical point of view.The third part of the paper expounds the legal system of environmental risk of the other countries. To observe and study the correlation theories on legal system of environmental risk precaution, it compared the theory and practice of the legal system on environmental risk precaution in Germany, the United States and Australia. Precautionary principle originated from Germany, the inverted evidential burden in USA and the famous precedent in Australia all are good examples for China.The forth part of the paper analyzes the construction of legal system on environmental risk precaution. Through the analysis the defects of environmental risk precaution legislation in China, it build specific ideas on environmental risk precaution legal system, including total amount control system, environmental risk assessment, cleaner production, the disclosure of corporate environmental information, insurance system of enterprise on environmental risk.