Research On The Dual Prevention Path Of Public And Private Law For Environmental Health Risk

Environmental health risk refers to the possibility of adverse impact of environmental pollution or ecological damage on public health.Environmental health damage is a secondary environmental problem brought about by the social and economic development to a certain stage.Under the background of risk society,the environmental health risk hidden in the initial extensive economic development model has gradually reached the outbreak period.Environmental health is not only related to the most basic rights and interests of individuals,but also an important link for the country to ensure the safety of people’s livelihood.In the face of severe environmental health risks,it is urgent to explore effective prevention or control paths.At the legislative level,although the environmental protection law and the law on the prevention and control of soil pollution have set norms on environmental health risks,the number of existing norms is small,the provisions are relatively general,and the operable systematic provisions are relatively lacking;at the academic level,although the academic circles have reached a consensus that environmental health should shift from post relief to prevention,they mostly focus on how to improve and strengthen public law measures to better achieve prevention,and rarely involve a comprehensive study from the dual path of public and private law.After the 18 th National Congress,the CPC Central Committee and the State Council put forward new and higher requirements for China’s environmental governance,requiring efforts to deepen the reform of ecological civilization system and realize the modernization of environmental governance system and governance capacity.However,there are still a large number of environmental health risks in China.This situation is obviously not conducive to the realization of China’s ecological civilization construction,but also poses a severe test for the modernization of China’s environmental governance system and governance capacity.In this context,it is of great value to explore the path of environmental health prevention and the practice of the rule of law in China.This paper follows the logical idea of finding,analyzing and solving problems.In addition to the introduction and conclusion,the main content is carried out from four parts:The first part,this paper discusses the definition of environmental health risk and the legitimacy of its prevention.The understanding of basic concepts is the basis and premise of problem solving.Through the understanding of the concept of risk and the attribute analysis of risk objectivity,sociality and possibility,we can have a certain grasp of the risk itself;this paper combs the relationship among risk,environmental risk and environmental health risk,defines the concept of environmental health risk and discusses its connotation.Based on this,this paper discusses the legitimacy of environmental health risk prevention from the two aspects of necessity and feasibility,in which the necessity of prevention is discussed from the two aspects of the impact of environmental health risk on human beings and the impact of environmental health risk on development;on the basis of grasping the connotation of environmental health risk,this paper discusses the feasibility of prevention.The second part,systematically examine the existing norms of environmental health risk prevention in China.By combing the norms related to environmental health risk prevention in China’s legal system,it is found that there are a small number and limited norms related to environmental health risk prevention,which are mainly concentrated in the provisions of public law and the deficiencies in the scientificity and democracy of public law prevention norms;then it analyzes the causes of these problems,and finds that the above problems are caused by the traditional concept that environmental law is regarded as the attribute of public law,the neglect of the role of private law in the prevention of environmental health risks,and the weak concept of pluralistic cooperation and co governance,which lays a foundation for the subsequent targeted solution of the problems.The third part,this paper analyzes the rationality of the dual prevention of environmental health risks by public and private law from the perspective of jurisprudence.Based on the previous analysis of the existing problems,it is concluded that the infringement of legal interests by environmental health risks not only has the nature of public welfare,but also has the embodiment of private interests.The function of private law relief not only realizes the relief function after the event,but also plays the role of guiding people’s behavior.It also has the function of prevention in advance.In addition,in recent years,the greening of departmental law and the coordinated development of public and private law are strong,that is,the legislative trend of coordinated environmental protection by departmental law,this paper demonstrates the dual prevention of environmental health risks by public and private law from the perspective of jurisprudence.The fourth part,the dual realization path of public-private law is put forward to prevent environmental health risks.In view of the shortcomings of the existing norms of environmental health risks,and based on the public-private duality of environmental health risks infringing on legal interests,this paper puts forward that the dual realization path of environmental health risk prevention should be carried out synchronously around the coordination of public and private law,so as to realize the balance between public law and private law,and the combination of entity and procedure.The public law path should be strengthened in perfecting the environmental standard system,perfecting the multi-agent prevention system with administrative power as the core,and strengthening the government’s environmental education obligations;the path of private law should be strengthened from the connection between green principle,environmental personality right and environmental tort liability and environmental health risk prevention,at the same time,it puts forward targeted rule design ideas for some contents.