Research On The Legal System Of Environmental Health Risk Assessment In China

Environmental issues and health issues are the eternal themes of human development.The environmental health risk assessment system,which is a key link to the prevention of environmental health risks,changes the crisis response concept of post-event relief into the risk regulation concept of pre-prevention.On the other hand,it also provides legal protection for the public’s health demands.Environmental health risk assessment has became a law since the publishment of "Environmental Protection Law of the People’s Republic of China" 2014 revised edition.However,it has been few days since the legal system of environmental health risk assessment rises,and its research and practice of legislation are still in exploratory phase.Issues such as lack of assessment basis,confusion of assessment subjects and imperfect assessment standards need to be resolved.Therefore,under the background of China’s new era strategy of promoting "Beautiful China" and "Healthy China",Constructing the environmental health legal order and improving the environmental health risk assessment system are important ways to improve the quality of the ecological environment and achieve the harmonious development of man and nature.In addition to the introduction and conclusion,this paper mainly includes the following four parts.The first part contains a general decription of the environmental health risk assessment system.Firstly,environmental health risk assessment refers to the estimation of the possibility of environmental hazards to human health,which is linked to environmental health investigation,monitoring,and risk prevention and control systems.As far as the evaluation system is concerned,there are particularities in risk regulation.Secondly,the system is estialished with three foundational theories: risk precaution theory,environmental health right theory,and collaborative governance theory.Finally,we need to establish and improve the legal system of environmental health risk assessment,which is necessary to protect the right of public health and intergenerational equity,improve the scientific nature of environmental decision-making,and strengthen the environmental health risk prevention capacity.The second part analyzes the present situation and shortcomings of environmental health risk assessment system in China.First of all,from the perspective of legislation and practice,China has initially established a legal system for environmental health risk assessment,and the risk assessment work in pilot areas has also achieved certain positive results.Secondly,in the process of legislation and practice,the system also highlights some legal issues: The normative legal basis for evaluation needs to be improved,the rights and responsibilities mechanism of the evaluation subject needs to be clarified,the evaluation standard system needs to be improved,the multiple communication mechanism of evaluation procedures needs to be established and so on.The third part sorts out the institutional practice of environmental health risk assessment in typical countries outside the region and draws inspiration.Summarize the experience of the legislation and practice of environmental health risk assessment in the United States,South Korea,and Japan,including the United States’ environmental health risk assessment legislative system and environmental standard system,and the Korean "Environmental Health Law".The provisions of the special chapter and the concretization of the right to public health,Japan’s perfect information disclosure system and public participation system in the field of environment health,and a reference plan that conforms to my country’s national conditions has been sorted out based on extraterritorial experience.The fourth part discusses the improvement strategy of my country’s environmental health risk assessment system.In terms of improving the normative evaluation basis,it proposes to clarify the guiding function of legislative principles,formulate detailed implementation rules;in terms of clarifying the division of rights and responsibilities of evaluation subjects,it proposes government-led and market coordination,professional evaluation agencies provide technical support,and implement relevant subject issues.In terms of improving the assessment standard system,it is proposed to take the protection of public health as the core standard,refine evaluation guidelines,and establish a dynamic risk assessment standard system;in terms of building a diversified communication mechanism,it is proposed to strengthen the public disclosure of risk assessment information,promote public participation in risk assessment,and implement the public’s right to know and participate in risk assessment.