論風險導向型決策和我國環境治理

Risk-based Policy-making and China's Environmental Governance

“風險治理”與“風險導向型決策”是自20世紀90年代初在許多西方國家逐漸盛行的社會治理理念。在處理諸如“過度監管”“條文主義”“決策非理性化”等社會治理問題上，風險導向型的決策機制表現為一種更為科學化與理性化的政策制定與評估手段，因此將其融入我國現行環境治理體系，對提升我國當前環境治理水準具有促進作用，即從風險管控的角度來改善我國的環境決策。而在改革方向上，我國未來風險導向型環境治理體系的建立應主要圍繞三大方面：立法規制的完備化、決策機制的合理化以及公眾參與的擴大化。

‘risk management’ as well as ‘risk-based policy-making’ is an emerging concept within the domain of social governance, which has become increasingly predominant in many Western countries. In responding to governmental issues such as over-regulation, legalism and policy-making irrationality, the mechanisms of risk-based policy-making have preformed as a more efficient and rational tool to formulate and evaluate social policies.Grounded in such a context, this paper has explored the likelihood of introducing the idea of risk-based policy-making to China’s current environmental management system. Its main thesis contends that this sort of toolkit provided by risk-based policy-making may have much potential in improving China’s existing environmental governance, that is, promoting China’s environmental policies in terms of relevant risk management and prevention. In order to take an in-depth research on how risk-based policy-making is being applied in Western societies, this paper has specialised in two risk-based regulatory cases about the UK’s land contamination regulation and the Germany’s flood management. Moreover, this paper has concluded that China’s prospective risk-oriented reforms could be undertaken in respect of the completion of environmental legislation, the rationalization of policy-making mechanism and the enlargement of public participation.