Legal Governance Research In China From The Perspective Of Risk Society

With the acceleration of globalization and modernization, mankind is faced with a new stage of development as well as risk. "Risk society" was first identified by developed countries, but the existence of risk has not been limited to them. The globalization of risk is obvious. The SARS crisis in 2003, the pollution of Songhua River in 2005, the milk-adulteration scandal in 2008, and Group Events around the nation show that China has entered into an era of high risk and sorts of conflicts due to social disorder.It is the imbalance of development among regions that lead to the risk China is currently confronted with.Compared with developed countries, China suffers more complex risks in Social transformation period. The theory of Risk Society shows us the social characteristics of our times, provides us unique perspective in modern legal system construction, and also gives us a beneficial way of thinking in how to form the social system. Thus the construction of the legal system plays a pivotal role in response to the social risk .This article consists of three parts:The first part I'll start with the definition of risk and risk society, and then analyze the causes of the modern risk society. Combine with different standpoints of theories such as Rush, Beck, and Giddens in Risk Theory. Elaborate the current risk society theory systematically, to provide the theoretical basis and substantiate the analysis on the status quo of risk society.In the second part, I'll summarize the characteristics of our risk society through legal analysis. This paper selected "Songhua River pollution incident", "Melamine milk powder incident," "mass incidents Dazhu County in Sichuan," as examples. Think over the legal framework from a macro perspective under the view of our risk society. And then generalize that "risk" factors should be considered into the law making process. And it is important to emphasize the information disclosure and the public's right to know. Only when we recognize the uniqueness of risk society of our country, can we address the causes of the development of reasonable response measures,and effective legal control. Moderate measures against the cause and effective legal management can be carried out only by recognizing the uniqueness of our risk society.The third part, the focus segment of the whole article, analyzes two tasks Chinese law is confronted with: promoting economy and shunning risk. It concentrates on analyzing the legal approach to tackle the risky-society challenge. Abiding by principle of hedge against risk in the risk-regulation procession,"Risk"factor should be brought into the law--governing core range. By exploring risk-governing model in line with our national conditions, we should establish legal hedging mechanism before risk, handling mechanism in risk and redeem mechanism after risk. Thus, a complete legal management system comes in to being.