風險預防原則適用的研究
發(fā)布時間：2019-03-25 12:50
【摘要】：人類正處在一個科學技術快速發(fā)展的時代。人類在享受科學技術帶來的巨大物質財富的同時，也在遭受它所導致的環(huán)境風險的威脅。環(huán)境風險是一種不同于傳統(tǒng)環(huán)境問題的新型環(huán)境問題。環(huán)境風險具有與傳統(tǒng)環(huán)境問題不同的特性和更高的復雜性。環(huán)境風險可能導致嚴重的、甚至是不可逆轉的損害。越來越多的環(huán)境風險使人類開始思考：是什么原因導致如此多的環(huán)境風險的產生？如何才能應對環(huán)境風險？風險預防原則就是人類應對環(huán)境風險的產物。風險預防原則為人類環(huán)境保護行為設定了更高的要求，體現(xiàn)了人類在對待自然時的更加小心謹慎的態(tài)度。風險預防原則由三個核心要素構成：嚴重的或不可逆轉的威脅、科學上的不確定性以及本國能力范圍之內的、符合成本效益的措施。但是由于環(huán)境風險所具有的特性和更高的復雜性，以及國際社會對于風險預防原則的三個要素所存在的爭議，導致風險預防原則的適用上存在較大的難度。所以，盡管風險預防原則在國際社會得到了越來越廣泛的認可，但有關它的適用方面的討論從未停止。 隨著經濟的發(fā)展，環(huán)境與資源承受的壓力將會越來越大。因此，人類活動可能會導致越來越多的環(huán)境風險的產生。從德國著名社會學家烏爾里希·貝克的風險社會理論中我們必須認識到：人類社會已經成為了一個充滿著各種風險尤其是環(huán)境風險的風險社會，我們的未來極度的脆弱，我們必須為了未來長遠的發(fā)展而在現(xiàn)在就采取預防措施。風險預防原則作為國際環(huán)境法的一項基本原則，對于它的適用的研究，最終目的是將它納入到國內環(huán)境法中，以使其更好地發(fā)揮應對環(huán)境風險的作用。 論文的第一部分首先從與風險預防原則相關的基礎概念談起，分析了風險、環(huán)境風險、風險意識這三個基礎概念，不僅分析了其基本涵義，，還對于其在風險預防原則的適用中發(fā)揮的作用進行了探討。同時對烏爾里希·貝克的風險社會理論風險社會理論進行了闡釋。簡要介紹了風險預防原則的發(fā)展歷程以及將其翻譯為風險預防原則的理由。從預防原則和風險預防原則的區(qū)別和聯(lián)系來探討風險預防原則適用中存在的問題。 論文的第二部分是以風險社會作為背景，對于有關風險預防原則適用的討論的熱點問題作了一個總結。論文的第二部分包括三個部分：在風險社會中適用風險預防原則的意義，風險預防原則與國際環(huán)境法的其它原則的關系以及風險預防原則的適用中一些存有爭議的問題。在探討風險社會中適用風險預防原則的部分，比照俄羅斯的“垃圾理論”設想了與風險預防原則相關的理論，突出強調了風險預防原則對于發(fā)展中國家的意義。 論文的第三部分對于構成風險預防原則的三個核心要素結合表格進行了分析。風險預防原則包括三個核心要素：嚴重的或不可逆轉的威脅、科學上的不確定性以及本國能力范圍之內的、符合成本效益的措施。風險預防原則的三個核心要素是對風險預防原則進行研究的重要基礎，也是風險預防原則的適用中爭議比較多的地方。本文通過對于風險預防原則的三個核心要素進行分析，對于一些有爭議的問題提出了一些新的觀點。針對閾值的確定，提出了“各領域環(huán)境風險系數(shù)指南”和“環(huán)境風險累積性影響指南”的設想。 論文的第四部分是對于國際環(huán)境法律文件中與風險預防原則的適用相關的規(guī)定進行的一個總結。 論文的第五部分，最后結合以上的這些研究，探討在我國如何進行風險預防原則的適用。首先分析風險預防原則在我國適用的必要性，其次是從宏觀和微觀層面展開對風險預防原則在我國適用的探討。
[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
本文編號：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" 【學位授予單位】：中國海洋大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D996.9
【參考文獻】
相關博士學位論文 前1條
1 楊凡;北極生態(tài)保護法律研究[D];中國海洋大學;2010年
本文編號：2446993
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