风险预防原则适用的研究
发布时间：2019-03-25 12:50
【摘要】：人类正处在一个科学技术快速发展的时代。人类在享受科学技术带来的巨大物质财富的同时，也在遭受它所导致的环境风险的威胁。环境风险是一种不同于传统环境问题的新型环境问题。环境风险具有与传统环境问题不同的特性和更高的复杂性。环境风险可能导致严重的、甚至是不可逆转的损害。越来越多的环境风险使人类开始思考：是什么原因导致如此多的环境风险的产生？如何才能应对环境风险？风险预防原则就是人类应对环境风险的产物。风险预防原则为人类环境保护行为设定了更高的要求，体现了人类在对待自然时的更加小心谨慎的态度。风险预防原则由三个核心要素构成：严重的或不可逆转的威胁、科学上的不确定性以及本国能力范围之内的、符合成本效益的措施。但是由于环境风险所具有的特性和更高的复杂性，以及国际社会对于风险预防原则的三个要素所存在的争议，导致风险预防原则的适用上存在较大的难度。所以，尽管风险预防原则在国际社会得到了越来越广泛的认可，但有关它的适用方面的讨论从未停止。 随着经济的发展，环境与资源承受的压力将会越来越大。因此，人类活动可能会导致越来越多的环境风险的产生。从德国著名社会学家乌尔里希·贝克的风险社会理论中我们必须认识到：人类社会已经成为了一个充满着各种风险尤其是环境风险的风险社会，我们的未来极度的脆弱，我们必须为了未来长远的发展而在现在就采取预防措施。风险预防原则作为国际环境法的一项基本原则，对于它的适用的研究，最终目的是将它纳入到国内环境法中，以使其更好地发挥应对环境风险的作用。 论文的第一部分首先从与风险预防原则相关的基础概念谈起，分析了风险、环境风险、风险意识这三个基础概念，不仅分析了其基本涵义，，还对于其在风险预防原则的适用中发挥的作用进行了探讨。同时对乌尔里希·贝克的风险社会理论风险社会理论进行了阐释。简要介绍了风险预防原则的发展历程以及将其翻译为风险预防原则的理由。从预防原则和风险预防原则的区别和联系来探讨风险预防原则适用中存在的问题。 论文的第二部分是以风险社会作为背景，对于有关风险预防原则适用的讨论的热点问题作了一个总结。论文的第二部分包括三个部分：在风险社会中适用风险预防原则的意义，风险预防原则与国际环境法的其它原则的关系以及风险预防原则的适用中一些存有争议的问题。在探讨风险社会中适用风险预防原则的部分，比照俄罗斯的“垃圾理论”设想了与风险预防原则相关的理论，突出强调了风险预防原则对于发展中国家的意义。 论文的第三部分对于构成风险预防原则的三个核心要素结合表格进行了分析。风险预防原则包括三个核心要素：严重的或不可逆转的威胁、科学上的不确定性以及本国能力范围之内的、符合成本效益的措施。风险预防原则的三个核心要素是对风险预防原则进行研究的重要基础，也是风险预防原则的适用中争议比较多的地方。本文通过对于风险预防原则的三个核心要素进行分析，对于一些有争议的问题提出了一些新的观点。针对阈值的确定，提出了“各领域环境风险系数指南”和“环境风险累积性影响指南”的设想。 论文的第四部分是对于国际环境法律文件中与风险预防原则的适用相关的规定进行的一个总结。 论文的第五部分，最后结合以上的这些研究，探讨在我国如何进行风险预防原则的适用。首先分析风险预防原则在我国适用的必要性，其次是从宏观和微观层面展开对风险预防原则在我国适用的探讨。
[Abstract]:Human beings are in a time of rapid development of science and technology. The human being, while enjoying the great material wealth of science and technology, is also exposed to the threat of the environmental risks it has caused. Environmental risk is a new environmental problem that is different from the traditional environment. Environmental risks have different characteristics and higher complexity than traditional environmental problems. Environmental risk may lead to serious, or even irreversible, damage. An increasing number of environmental risks have enabled humans to think: what is the cause of so many environmental risks? How can environmental risk be met? The principle of risk prevention is the product of human response to environmental risks. The principle of risk prevention has set higher requirements for human environmental protection, which reflects the more careful attitude of human being in the treatment of natural environment. The principle of risk prevention consists of three core elements: serious or irreversible threats, scientific uncertainty, and cost-effective measures within its national capacity. However, due to the nature and the higher complexity of the environmental risk, and the controversy over the three elements of the risk prevention principle of the international community, there is a great difficulty in the application of the risk prevention principle. Therefore, while the principle of risk prevention has been widely recognized in the international community, the discussion on its application has never ceased. With the development of economy, the pressure of environment and resources will become more and more Large. As a result, human activities can result in an increasing number of environmental risks From the risk-social theory of the German well-known sociologist Ullich Baker, we must realize that the human society has become a risk society that is full of risks, especially environmental risks, and our future is extremely fragile Weak, we must take preventive measures now for the long-term development of the future Application of the principle of risk prevention as a fundamental principle of international environmental law and its application to the application of it, with the ultimate aim of incorporating it into domestic environmental law so that it can better play its role in dealing with environmental risks The first part of this paper begins with the basic concepts related to the principle of risk prevention, analyzes the three basic concepts of risk, environment risk and risk consciousness, not only analyses its basic meaning, but also plays an important role in the application of the principle of risk prevention. This paper discusses the risk and social theory of Uri-Baker's risk society. The development of the principle of risk prevention and its translation into the principle of risk prevention are briefly introduced. The rationale for exploring the application of the principle of risk prevention from the difference and link between the precautionary principle and the risk prevention principle The second part of the paper is the focus of the discussion on the application of the risk prevention principle in the background of the risk society. The second part of the thesis consists of three parts: the significance of the application of the principle of risk prevention in the risk society, the relationship between the principle of risk prevention and the other principles of international environmental law and the application of the principle of risk prevention The issue of the dispute. In the part of the application of the principle of risk prevention in the risk society, the theory related to the principle of risk prevention is envisaged in the light of the "the theory of garbage" of Russia, and the principle of risk prevention is emphasized in the development The meaning of the country. The third part of the paper is the combination of three core elements that form the principle of risk prevention The table is analysed. The risk prevention principles include three core elements: serious or irreversible threats, scientific uncertainty and national capacity The three core elements of the principle of risk prevention are the important basis of the research on the principle of risk prevention and the application of the principle of risk prevention. In this paper, through the analysis of three core elements of the principle of risk prevention, this paper puts forward some controversial issues. Some new ideas are presented. For the determination of the threshold, "Guidelines for Environmental Impact Factors in the Field" and
本文编号：2446993
[Abstract]:Human beings are in a time of rapid development of science and technology. The human being, while enjoying the great material wealth of science and technology, is also exposed to the threat of the environmental risks it has caused. Environmental risk is a new environmental problem that is different from the traditional environment. Environmental risks have different characteristics and higher complexity than traditional environmental problems. Environmental risk may lead to serious, or even irreversible, damage. An increasing number of environmental risks have enabled humans to think: what is the cause of so many environmental risks? How can environmental risk be met? The principle of risk prevention is the product of human response to environmental risks. The principle of risk prevention has set higher requirements for human environmental protection, which reflects the more careful attitude of human being in the treatment of natural environment. The principle of risk prevention consists of three core elements: serious or irreversible threats, scientific uncertainty, and cost-effective measures within its national capacity. However, due to the nature and the higher complexity of the environmental risk, and the controversy over the three elements of the risk prevention principle of the international community, there is a great difficulty in the application of the risk prevention principle. Therefore, while the principle of risk prevention has been widely recognized in the international community, the discussion on its application has never ceased. With the development of economy, the pressure of environment and resources will become more and more Large. As a result, human activities can result in an increasing number of environmental risks From the risk-social theory of the German well-known sociologist Ullich Baker, we must realize that the human society has become a risk society that is full of risks, especially environmental risks, and our future is extremely fragile Weak, we must take preventive measures now for the long-term development of the future Application of the principle of risk prevention as a fundamental principle of international environmental law and its application to the application of it, with the ultimate aim of incorporating it into domestic environmental law so that it can better play its role in dealing with environmental risks The first part of this paper begins with the basic concepts related to the principle of risk prevention, analyzes the three basic concepts of risk, environment risk and risk consciousness, not only analyses its basic meaning, but also plays an important role in the application of the principle of risk prevention. This paper discusses the risk and social theory of Uri-Baker's risk society. The development of the principle of risk prevention and its translation into the principle of risk prevention are briefly introduced. The rationale for exploring the application of the principle of risk prevention from the difference and link between the precautionary principle and the risk prevention principle The second part of the paper is the focus of the discussion on the application of the risk prevention principle in the background of the risk society. The second part of the thesis consists of three parts: the significance of the application of the principle of risk prevention in the risk society, the relationship between the principle of risk prevention and the other principles of international environmental law and the application of the principle of risk prevention The issue of the dispute. In the part of the application of the principle of risk prevention in the risk society, the theory related to the principle of risk prevention is envisaged in the light of the "the theory of garbage" of Russia, and the principle of risk prevention is emphasized in the development The meaning of the country. The third part of the paper is the combination of three core elements that form the principle of risk prevention The table is analysed. The risk prevention principles include three core elements: serious or irreversible threats, scientific uncertainty and national capacity The three core elements of the principle of risk prevention are the important basis of the research on the principle of risk prevention and the application of the principle of risk prevention. In this paper, through the analysis of three core elements of the principle of risk prevention, this paper puts forward some controversial issues. Some new ideas are presented. For the determination of the threshold, "Guidelines for Environmental Impact Factors in the Field" and
"Guidelines for the present mental riser" 【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.9
【参考文献】
相关博士学位论文 前1条
1 杨凡;北极生态保护法律研究[D];中国海洋大学;2010年
本文编号：2446993
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