On The Application Of The Precautionary Principle In The Prevention And Control Of Atmospheric Pollution In Our Country

The precautionary principle has been attracted the people’s attention when it was put forward, this principle aim at preventing environmental risks with scientific uncertainty and protecting human beings and the environment. The unique meaning and function of the principle, which can be used in many international environmental conventions after it produce, at the same time, as an important legal principle in many countries to be absorbed. Affected by the limitations of the times, our country’s environmental legislation is relatively lagging behind and the cognitive of the precautionary principle just stay in the 1990 s. Therefore, in 1989, the "Environmental protection law" has provided the "prevention first, combining prevention with control" principle to prevent the environmental damage, implies mental factor of the precautionary principle, but the difference is significant, the two are not in the same level. In the past twenty years, with the deterioration of environmental pollution in China, the public awareness of environmental protection has been improved constantly, the environmental legislation has been increased, But there are still some limitations in the legislative idea, especially understanding the existence of errors for the "source" in the "source control", the precautionary principle has not been adopted in most environmental legislation, and surface forms, a legal principle which highly recognized in developed countries but useless in our country. The situation of the precautionary principle in China’s environmental legislation, prompted me to pay attention to study the connotation of the principle and its function and value, to explore the way that how to use the principle in our country’s environment legislation, especially in the atmospheric pollution prevention legislation.I will analysis this text from five aspects: first of all, expounds the emergence and development of the precautionary principle, meaning of the precautionary principle, and it makes great cognitive and attention by the academic circles, practitioners and the legislature. Secondly, analysis the precautionary principle applied in the air pollution control areas and its characteristics and value. Thirdly, through the analysis of relevant foreign countries to introduce the precautionary principle in environmental law succeed case, and the successful experience of the first individual regions of China, to clarify the feasibility and reality of applying the precautionary principle in our air pollution control legislation. Fourth, based on an empirical study, introducing the precautionary principle in the air pollution control legislation has produce many problems such as the theory of culture and ideas, real obstacles and then analysis it. Fifth, based on the above history and reality, problems and the reasons, putting forward countermeasures in the air pollution control legislation, and pointing out that the present should be solved the key problems in risk threshold, the traditional evidence, administrative supervision and find the specific way to apply the precautionary principle in the air pollution control areas.