Rational Reflection and Normative Approach to Environmental Standards under the Perspective of Environmental Health Risks

The increase in environmental health events has a huge impact on the value choice and reform in the current environmental legal system. Constructing an environmental health legal system to promote environmental protection from environmental management to health management, preventing and controlling public health damage caused by environmental pollution has become an important task of environmental law. The implementation of many specific legal systems in the environmental rule of law must be based on the effective application of environmental standards, such as the collection of excessive sewage charges, environmental monitoring, etc., the system without standards as a guideline will certainly move towards institutional alienation. The problems exposed by current environmental standards include the technical basis of environmental standards and the disconnection of scientific rationality, the regulatory scope of environmental standards and the misalignment of actual needs, the safety limits of environmental standards cannot match the health margin, and the environmental standard programming cannot effectively link with public participation. Based on the analysis of risk society theory to analyze the two types of environmental health risk regulation, clustering and dispersing, we should seek the logic of environmental rule of law under“environmental health risk” and follow the two directions of “science-based” and “democracy-based” under the guidance of “health risk”, to explore the environmental standard system of health-based, scientific and reasonable, and balance of power and rights:“health + ecological benchmark” system model promotes the technical support of environmental standards, double-embeds the“cost-benefit analysis + health boundaries” to ensure the feasibility of environmental standards, achieves the scientific standard of environmental standards with “equity of power and rights”,and the acceptance of environmental standards with the “response mechanism”.