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风险防控原则(the precautionary principle)是欧盟法的一般法律原则,在广义的环境领域,包括食品安全领域得到广泛的适用与推崇。其中,疯牛病案是该原则在欧洲法院适用的发端,从中可以探寻该原则适用的前提条件及方法。在国际法上,风险防控原则的发展还不是很完善。但是存在另一项与风险防控原则既有差别又有联系的法律规则,即防止原则(the preventive principle)。
The precautionary principle is the general legal principle of the EU law and is widely applied and respected in the broad environmental field, including food safety. Among them, the mad cow disease case is the origin of the principle in the European Court of Justice, from which you can explore the prerequisites and methods for the application of the principle. In international law, the development of the principle of risk prevention and control is not yet perfect. However, there is another legal rule that is different from and linked to the principle of risk prevention and control, namely the preventive principle.