| Many versions of the precautionary principle have been developed in theory and practice on a global scale. Differences and disputes among the proponents of different versions have given increasing prominence to the basic elements that constitute the principle, and also gradually clarified the relationship among the elements. The internal elements of the precautionary principle include the anticipation of harm, uncertainties, precautionary measures and the reverse proof mechanism. The four elements and their inter-relationships determine the internal structure of the precautionary principle. With the structured interpretation of the precautionary principle, different versions of this principle may be integrated into a “structured precautionary principle” to form some kind of normative guidance that can build jurisprudential consensus and facilitate the accumulation of practical experience. The structured precautionary principle contains four sub-principles, namely the positive authorization principle, the overall proportionality principle, the minimax principle and the reverse proof principle, which should be taken as common components in the legislation and administrative rulemaking in the realm of risk governance. China needs to examine and refine its legal practice of risk precaution in light of these four sub-principles, so as to give further play to the role of the precautionary principle. To be more specific, it should improve the mechanism for the legal authorization of precautionary measures under uncertainties, introduce requirements of hierarchical or probabilistic proportionality, and establish general mechanisms for reverse proof and dynamic adjustment of precautionary measures. |
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