面向公众健康保障的生态环境法律规制转型

近年来，环境污染导致的公众健康损害愈发突出，环境健康问题频繁发生，暴露出我国环境法治体系建设过程中公众健康保障长期处于边缘化状态。为此，建立起面向公众健康保障的环境法律规制机制显得尤为重要。在此背景下，以规制的发展路径为切入点，分析环境规制的演变进路，剖析市场经济为主导的个体主义规制模式的局限性和以政府为主导的行政规制在环境保护和保障公众健康方面所具备的优势与正当性，从而明确环境法律规制机制的发展脉络和现实需求。然而在风险社会中，环境风险的社会化属性愈发凸显。面对复杂而多元的环境问题，单纯依靠公权力的作用已难以实现环境法律规制目标。随着公众环境保护参与意识的增强和市场型环境规制手段的兴起，建立公私合作模式的环境风险法律规制机制，通过发挥法律的强制性与规范性作用，在行政机关的监督管理下，实现多元主体的协同合作，就成为实现环境法律规制目标的应然之选。

Transformation of Legal Regulations of Ecological Environment for Public Health Protection

In recent years,the public health damage caused by environmental pollution has become more and more prominent,and environmental health problems have occurred frequently,showing that the public health protection has been marginalized for a long time in the systematic construction of environmental rule of law in our country.Therefore,it is particularly important to establish an environmental legal regulation mechanism for public health protection.In this context,taking the development path of regulation as the starting point,this paper analyzes the evolution of environmental regulation,analyzes the limitations of the individualistic regulation model dominated by market economy and the advantages and legitimacy of government-led administrative regulation in environmental protection and public health protection,so as to clarify the development context and practical needs of environmental legal regulation mechanism.However,in the risk society,the socialization attribute of environmental risk is becoming more and more prominent.In the face of complex and diverse environmental problems,it is difficult to achieve the goal of environmental legal regulation relying solely on the role of public power.With the enhancement of the awareness of public participation in environmental protection and the rise of market-based environmental regulation means,it has become the right choice to achieve the goal of environmental legal regulation to establish public-private partnership model of environmental risk legal regulation mechanism and achieve the cooperative cooperation of multiple subjects by giving full play to the mandatory and normative role of the law under the supervision and management of administrative organs.