| Shocked the world environmental pollution events all have direct relationship with human health damage,such as "London fog" events,Japan "minamata disease","pain pain disease" events,such as environmental changes caused by human health problem has let the whole world recognize that environmental health problem become serious threat facing mankind today,improve the environment problems become subject to be solved to ensure human health development.In the 1960 s,large-scale environmental pollution began to emerge in Japan,and people's environmental awareness began to wake up.In order to express their environmental interests,they chose to fight with the government,and a series of mass incidents broke out.These incidents have made the government aware of the seriousness of the environmental problem and the importance of giving the public legal access to the issue.After the Japanese focus on establishing "risk management" type of environmental law,on the legal regulation on the use of environmental health problems "risk assessment,risk management,and risk communication architecture,followed in order to prevent the experts and government decision makers in the process too arbitrary,the Japanese government proposed to risk communication widely used in the whole process of risk assessment and risk management,formed a new public participation in order.The principle of environmental right and environmental prevention is the theoretical basis of public participation in environmental health risk control in Japan,and the disclosure of environmental information is the institutional basis.Secondly,the Japanese government during environmental hazards in the 1960 s and 1990 s environmental risk regulation period focus on environmental issues in legislation,public participation in environmental health risk control system construction to dispersible legislative model,scattered in various legal provisions,such as "pollution prevention basic law," environmental basic law and the law on the prevention and control of water pollution,the law on the prevention and control of atmospheric pollution,the environmental impact assessment act.Based on the study of the theoretical basis,institutional basis and institutional framework of environmental health risk control and control participation in Japan,this paper puts forward the experience and methods to solve relevant problems in China.The specific structure of the full text is as follows:The introduction part,starting from the research background and significance of the issue,introduces the domestic and foreign scholars' discussion on the controversial issues,viewpoints and analysis of the research status of public participation system of environmental health risk control in Japan,and also introduces the research ideas and methods,difficulties and innovations of this paper.The first chapter introduces the meaning,necessity and basic contents of public participation system of environmental health risk control in Japan.Starting from the concept of environmental health risk control,the necessity and urgency of environmental risk control are analyzed.Followed by Japan's environmental health risk control based on the basic concept of public participation in the system,introduces the system of public participation in individual,enterprise,the basic characteristics of the environmental ngos to participate in the main body,the overall analysis of the environmental health risk control system of public participation in Japan's constitution,the environmental information disclosure,environmental legislation,environmental litigation system and the corresponding content in environmental impact assessment system,and finally analyzed the relationship between environmental health risk control and public participation.The second chapter introduces the basis of public participation system of environmental health risk control in Japan,including theoretical basis and institutional basis.The first part includes the environmental right and the environmental preventive principle.This paper introduces the concept,development and basic contents of environmental rights,and focuses on the analysis of the human rights attribute of environmental rights,as well as its relationship with the rights of happiness and survival in the Japanese constitution.The preventive principle mainly introduces the basic concept,origin and development process of the principle and its application in cases.Finally,due to the influence of social risk theory on environmental law,the environmental prevention principle develops from the traditional damage prevention principle to the risk prevention principle.The second part mainly discusses the Japanese environmental information disclosure system,including the concept,subject,content and characteristics of the environmental information disclosure system,as well as the relationship between the environmental information disclosure system and the public participation system of environmental health risk control in Japan.Chapter three and chapter four are the construction of public participation system of environmental health risk control in Japan.The third chapter is mainly to Japan in the 19 th century 60 years system built in the period of the environmental hazards,first introduced the legislative background of environmental health risk control legal regulation,through a public nuisance dispute settlement mechanism,pollutants control and pollution prevention and control protocol and health damage relief of legal regulation of the three big aspects to analyze these laws contained in the environmental health risk the thoughts and contents of public participation.The fourth chapter is mainly about the system analysis of Japan's environmental laws and regulations with the environmental health risk regulation as the main feature after the 1890 s.Through the study of representative laws,such as Japan's environmental basic law and Japan's environmental impact assessment law,the impact of hazardous chemicals on environmental health was analyzed,and the system was analyzed in detail through the specific legal provisions affecting public participation.At the same time,it also discusses the relief regulation of the right of public participation through the administrative relief and the judicial relief.The fifth chapter analyzes the advantages and disadvantages of the public participation legal system of environmental health risk control in Japan,and analyzes the characteristics of the existing problems of the public participation system of environmental health risk control in China.Because our country first analysis on the issue failed to from "damage control" to "risk control" and the lack of risk information disclosure,public participation mechanism and the lack of ability on the basis of using the experience of Japan,Suggestions from the following several aspects to perfect our system of public participation in environmental health risk control: to strengthen environmental health risk information disclosure;Establish the principle of social and social coordinated governance and establish environmental health partnership;We will establish an environmental risk communication system and strengthen public participation. |
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