Environment Project Risk Regulation Law Research

Modern society is a risk society, along with the science and technology innovation and industrial modernization, embodies the uncertainty risk,decision-making are also facing uncertainty of knowledge lead to the splitting of the society, different groups have different understanding about the risk, all kinds of social contradictions become intensified.In recent years, the environmental group events have outbreaks,seriously disrupt social order, affect economic development, but also to breed the public do not trust the government, risk regulation began to slowly into the line of sight of people.Clearly,we need a systematic risk regulation to face the risks from various aspects, including the study of environmental project risk.This paper takes Yuhang waste incineration plant event (hereinafter referred to as Yuhang events) and Maoming PX project event(hereinafter referred to as Maoming events) as an example, tries to describe on the course of events, to analyze the causes and influential factors of risk events, and then open the risk regulation from multi department law angle level gate.The legitimacy of the limitation of experts and public participation in the analysis, obtained two party differences to be important significance for the regulation of bridge risk. And trying to use administrative law ideas, solve the technical risk disputes by administrative paradigm transformation.And then discuss the environment project administrative link in the risk assessment paradigm construction problems, to construct the risk evaluation system from the view of department law.In addition, the understanding of risk management in the environment of the project in the troubled,including risk notice dilemma and risk decision-making thinking change, emphasizes the significance of the multiple legal culture of risk management. Through three angle under constitutional、administrative paradigm and environment legislation comprehensive cognition of the precautionary principle,To pave the way for the application of the precautionary principle in environmental projects access problems.Finally, the author puts forward in the era of risk, the system design is an important channel to avoid risk, different laws will avoid the risk effect is different in each link of legal culture, legal needs constant reconstruction and reflection to achieve the purpose of risk regulation.