Risk Society Theory And The Transformation Of Chinese Legal Idea

With the progress of industrial civilization, risk question highlights day by day,has become the focus of people, an important characterization of modern society.Therefore, the society needs people to reflect social development pattern, master thepractice activity of the negative effect, understand the social development ofby-product, reveals the contemporary social risk characteristic and its root causes,exploring the"risk society",from the risk perspective. As the backbone of modernsocial governance, law should change to cope with the new social order, as the powersource of promoting the legal changes,the legal idea change is imminent.In modern society, many scholars began to introspection and criticism of modernsociety, Beck and Gidden's Western risk society theory is one of them. The theory ofrisk society is presented for the first time by the German renowned anthropologistand sociologist Ulrich Beck on 1986 in the"risk society". In this book, Ulrich Beckpresents a risk society concept, it points out that modern society is changing to risksocial. Subsequently, the theory of risk society was supplemented by the famous socialtheorist and sociologist Anthony Giddens. Some other social theorists had a positiveresponse. In the theory of risk society, the"classical industrial society"is in thetransformation process to"risk society", human society is experiencing great crisis ofhitherto unknown. this paper is based on the theory of risk society, from the angle of"risk", combined with the actual situation in China, analyze the modern society andthink that the" risk society" has four major characteristics, Chinese society is in a highrisk period. This analysis is undoubtedly has a double meaning: in the view of theory,summarizing the risks of social characteristics, look for the change direction of legalidea, contribute to the legal theory and rich content, helps to promote our countrylegislative activities of development and innovation; from a practical sense, legalidea's changing is in relation to the the execution of the rule of law,is related to Chinadevelopment in the future. On the basis of the analysis, this paper analyzes the defect of the concept of rule of law in modern society of China, and offers the idea ofchanging. This paper is mainly divided into five parts: the first part elaborated thetheory of risk society, and then analyzes the situation of china ,comes to the conclusionthat China is in the period of high risk; the second part is to study the characteristics ofrisk society, and the situation of risk of our country; the third part is to study thechange of right idea leaded by risk; the fourth part is to study the change of poweridea ; the fifth part is the research of change of legislative ideas of risk society .The first part: preface. Risk society theory is a kind of reflection theory. Itspurpose is to observe society , understand society through the perspective of risk, andthen rereconstruct. For China, this theory is of great significance, it presents a newsocial perspective, a new direction,an indispensable thought consciousness. Accordingto this theory, this paper analyzes the risk situation of china and comes to theconclusion that china is in the period of risk,that the law idea needs to change.The second part: the characteristics of risk society. Since the nineteen seventies,there are many perspective of observing society such as knowledge, information and soon. So many new concept appeared such as"post-industrial society","hind capitalistsociety"," information society"," network society". These concepts make the researchparadigm of social theory changed. As a new formulation, risk society is a kind of newform of society. From the beginning of mankind's society, the risk has been associatedwith human companions, but until today, people have put forward"risk"perspective,study the society. And draw the conclusion that the society is in the process ofchanging to the risk society. In order to study the direction of changing , the train ofthought of law idea of changing, the paper analyzes the modern risk, and thensummarize the characteristics of risk society, through the four angles of the modernsocial risk form, state of consciousness, rational dimension, system construction.These characteristics analyzed provides the basis for the change of right idea, poweridea legislation idea.The third part: risk society and the change of idea of right. The risk of modernsociety will inevitably lead to the change of the concept of right. The traditional idea ofrights is based on the needs of the community, to balance the power for the purpose, tofight as a means, to domestic protection for main way. However, in modern times,because of the risk of form changed, these rights are needed to produce corresponding change, to adapt to the social development. First of all, as the concept of a history,right core concept is always changing, and has experienced three core concepts of"freedom","equality","development". In risk society, as a result of"artificial risk"for the human society brings great threat, which makes social security environmentdeteriorated, the demand of "security" increases apparently, which forces the right coreidea changed. Secondly, in order to governance risk, the right purpose need to change.From restriction to cooperative transformation, so that the subjects of rights activelyparticipate in the operation of power, manage risk; again, in order to reduce the wasteof social resources, the right idea need to be changed by our harmonious cultural, tocreate harmony social atmosphere, thereby reducing the unnecessary confrontationcaused by the waste of resources; finally, along with the global community consensuson risk management, rights protection will also adapt to the risk of the development ofglobalization, formate the domestic, international protection of rights.The fourth part: risk society and the change of idea of power.In the eyes of manypeople,the power is always the symbol of"evil",is always the object prevented,restricted. But in risk society, the idea of power needs to change.First of all, with the help of science and technology, material production capacityof the human society upgrade. Therefore, the current society is no longer a matter ofpoverty,"malpractice"power attribute also gradually lost its glamour, ruling power'sbasis of existence become weak. But the appearance of modern social risk makemany new crisis. In order to deal with the crisis, the target of power is riskmanagement, so the power properties will be changed. Secondly, traditional society,authority belongs to the government. In a risk society, as a result of governmentpower's defect, so manage risk only rely on the government power to cannot achievethe desired effect. In order to effectively manage risk, power will be controlled bysocial. Again, in Beck's view, modern society is" global risk society". Under this kindof social form, the ability of risk management of national is limited. So it is necessaryto change the power concept , need national countries combined, form a supranationalorganization, the state power, the power is beyond the limit of space.The fifth part: risk society and the change of idea of legislation. The classicalindustrial social system is the modern risk resulting from the initiator of evil, then thelaw is one of the most important one annulus. So risk management requires legislative concept change. First of all, by contrast, this paper argues that the classical industrialsocial legislation is the concept of simple legislative concept, this concept ischaracterized by only considering the social development factors,ignoreenvironmental factors,uphold the anthropocentrism,ignore the ecological system,resulting in the separation of social value and instrumental value, the generation of"artificial risks".In order to control the risk, legislative idea above all it needs tochange the values of anthropocentrism, change the simple legislation idea, establish thesustainable legislation idea. Secondly, because the"artificial"risk management isdifficult , and the safety demand increases, so the governance risks need to mobilizethe whole people, which requires a plurality of legislative body, to express socialconditions, public opinion. Again, since reforming and opening, our country hasalways maintained extensive legislative concept, but in risk society, this ideas haveobviously be inopportune or inappropriate, this needs our legislative idea to change.