The Relationship Between Precautionary Principle And Prevention Principle In Environmental Law

The implemented of the new "Environmental protection law" on two thousand and fifteen is a milestone of our country’s history of the environmental law. the new law established the principle of "prevention first" in legislation. However, with the expansion of the environmental problems,the creation of the concept of environmental risk society,and the development of the theory of risk prevention of the field of international environmental law, the research of our environmental law also needs to absorb fresh blood.This paper firstly define the concepts of the precautionary principle and prevention principle, and from the dispute of the relationship between the two principles in international and domestic,leads out the reason of the current dispute;Secondly, based on the existing condition of basic principles of environmental law in China and the different viewpoints of the theory of relationship between precautionary principle and prevention principle, analyzing the basis of these viewpoints, and the difficulty of implementation.On this basis, combining with the judgment standard of basic principles of environmental law, this paper points out that the prevention principle has been confirm as basic legal principles in our country’s environmental law while precautionary principle hasn’t.Finally,according to the present situation and the actual needs of environment,this article considers that we should mainly insist the prevent principle in the field of our country’s environmental law,but in some special fields, we should also establish precautionary principle.