
The eco-environmental rule of law features ecological holism,safety value-oriented and ecological conservation-emphasized. The development of eco-environmental rule of law promotes the renewal of legal principles. Meanwhile,the precautionary principle echoes demands of modern environment governance under the background of risk society.As a part of the principle system of eco-environmental rule of law,the precautionary principle leads to the interaction among other relevant principles within the system. The precautionary principle plays its role in such levels as methodology,specific principles and implementation of the rule of ecological law. It is suggested to perfect the legal institution of environment law,improve the legal aspect of precautionary mechanism,and clarify the application of the precautionary principle,so as to achieve an effective eco-environmental rule of law.
Employer’s duty of safe attendance can be integrated to grasp the general labor( dynamic) contract relationship,within the scope of industrial injury insurance as a whole to default compensation surplus damage,in the non-traditional industrial injury and the old and new“extra”labor relations is not insurance as a whole employment situation also depends on default compensation to strengthen relief,before the damage and give laborer right of defense and take care of the claim. Therefore,in the definition of the content of obligations,we can follow the abstract( from“all necessary”to“as low as reasonably practicable”) and then concrete( the typification of material and human obligations),first entity and then procedure( i. e.,the “substantive procedure”of the burden of proof). We should not only favor protecting workers,but also take into account the national conditions and improve the business environment. Therefore,the standard of“all necessary”will be softened by“reasonable and feasible”; and the burden of proof with the presumption of fault,but allow the employer to provide evidence. Thus,etc.,are in the pursuit of the same standard goal: not only to tilt the protection of workers,so that their due treatment is not due to the unrealistic demonstration burden or the burden of proof,but also to limit the employer’s responsibility within a reasonable range,so as to achieve a win-win situation for both.
In his 1877 Letter to Otechestvenniye Zapiski,Marx clearly opposed metamorphosing his“historical sketch”of the genesis of capitalism in western Europe into a“historico-philosophical theory of general development”. The reason is that reflection on the historical interpretation of “historical sketch”has changed from a typical case to an ordinary case,which is insufficient to rise from “history”to“theory”,and it is difficult to rise from“abstract”to“concrete”,and it is also realistic vigilance that the “general historico-philosophical theory”in this period has become a defense weapon for Russia to take the capitalist road. Starting from the historicity of existence and based on the specific historical orientation of the contradiction movement of the mode of production,Marx’s“historico-philosophical theory”reveals the overall historical law of human society in the movement of national history and world history,which not only sublimates the space-time definition of“historical sketch”,but also constitutes a“concrete totality”philosophy on the road of development. Its beneficial thinking on development space,development mode,development process and development value provides theoretical consciousness for examining the Chinese path to modernization in the new era.
The Chernobyl nuclear accident was the first major nuclear disaster caused by technology in human history.The nuclear accident led to the leakage of large quantities of radioactive elements into the territories of the three republics of Russia,Belarus and Ukraine,causing serious pollution to their agricultural,forestry and aquatic ecosystems. At the same time,ionizing radiation caused great harm to the health of residents,resulting in a general increase in the incidence of malignant tumors and other diseases. After the accident,the Soviet government took a series of emergency measures to reduce the impact of the nuclear accident,but due to strategic and technical errors,some measures had serious negative effects.After the collapse of the Soviet Union,Russia,Belarus and Ukraine began to lead the management of nuclear accidents.Russia and Belarus had formulated national program for the management of nuclear accidents and had taken targeted measures in the fields of ecological governance and social protection of residents. However,Ukraine began to drastically cut the funds for the treatment of nuclear accidents in 2003 because of the unstable political situation and the tight national finance,which made it impossible to push forward many measures and thus leading to the governance dilemma of nuclear accidents.
In 1945,the Soviet government formulated and implemented a nuclear weapons development program to break the U. S. nuclear monopoly,and regarded the development of the atomic bomb as its highest political task. During the implementation of the nuclear program,the Soviet government,on the one hand,relied on the “national system”and administrative mobilization,and hurriedly started the program before all the technologies were mature,and although the atomic bomb was developed in a short period of time,the health of the personnel and environmental protection were neglected,resulting in irreversible social and environmental losses. The main cause of nuclear contamination in the nuclear program was the 817 Complex,the first plutonium-239 production plant in the Soviet Union,and the Kshtem nuclear accident caused by the explosion of the plant’s waste storage tanks in 1957 was extremely serious. On the other hand,the Soviet government prevented further expansion of the contamination hazard and accumulated valuable experience for nuclear pollution control by establishing a radiation safety system,comprehensive management of the Jecha River,and comprehensive mobilization in response to the Kshtem nuclear accident.