Research On Administrative Law In The Process Of Scientific And Technological Risk Regulation

Since the new century,continuously emerging of technological inventions and rapidly emerging of technology industries have brought vigorous momentum to the national economic undertakings,but at the same time,the risks behind the technology and the scientific and technological risk events have also entered the country,society and the public Vision.Under the background of administration by law and accelerating the construction of the government under the rule of law,how to effectively deal with scientific and technological risks while regulating the legitimate operation of administrative power and responding to citizens' demands for health,environment,and security rights has become an important issue for governments at all levels.From the perspective of administrative law,the issue of the S&T risk regulation process aims to respond to the current state of scientific and technological risks brought about by the country,society and citizens,realize the "lawful reliance" of the S&T risk regulation activities of the executive authorities,and regulate the technology for administrative agencies.Risks provide a path to the rule of law and facilitate scientific,legal,democratic,and efficient responses to scientific and technological risks.They also hope to expand the branch of disciplinary theory and practical research in administrative law.The conceptual premise,theoretical basis and main content of a clear process of S&T risk regulation are the preconditions for the research of administrative law issues in the process of S&T risk regulation.The process of scientific and technological risks and regulation of scientific and technological risks has unique connotations and characteristics,and it has undergone a long period of concept and system evolution.The theory of national tasks,theory of cooperation regulation,and theory of risk administrative law provide the constitutional basis and the principle of administrative law for the state intervention of scientific and technological risks and the regulation of administrative organs.The S&T risk regulation process can be categorized into five major processes by Using the administrative basic theory and the administrative process methodology:the setting of S&T risk topics,the formulation of S&T risk standards,the assessment of scientific and technological risks,the communication of scientific and technological risks,and the management of scientific and technological risks,and abstractly legitimacy,efficiency,Scientific,democratic and practical five major issues.In addition,the study of administrative law issues in S&T risk regulation needs to be properly addressed between the administrative law as a sector law and the science and technology law as a field law,the exercise of public power norms and administrative efficiency and goals,the rights of social agents,and between national and public interests problems.The setting of topics is the starting point of the process of regulation of scientific and technological risks.According to the differences between the risk thesis setting practice and the main pusher,the types of S&T risk issues can be categorized into four categories:administrative subject leadership,public opinion promotion,expert argumentation,and media appeal.From the perspectives of "authority and responsibility" and "rights and obligations",we can find that there are many legitimate issues in the setting system of S&T risk topics in China's administrative subjects.The cognitive factors of risk,political factors and legal factors are the intrinsic causes of the legitimacy of the S&T risk setting system.Among them,the social concept of political factors is a deep-seated factor that affects the scientific and impartial setting of risk issues by administrative agencies.The reshaping of the administrative law of China' s S&T risk issue setting system can be based on examining the U.S.and European Union' s S&T risk issues setting law and practice,combined with China's actual conditions,and changing from one-sided pursuit of economic development to taking into account the protection of civil rights,from real-world science and technology.The concept of risk has been transformed into a comprehensive view of science and technology risks,and reshaping principles of legal administration,transparency,negotiation,and scientific in the legal system for setting scientific and technological risks,establishing the subjective system of the legal system for setting scientific and technological risks,and setting up a dynamic system of S&T risk issues..Standard setting is the basic link of the process of S&T risk regulation.The S&T risk standard system should be classified as the category of“technology rule of law”.The incompleteness,the overall lag,and the lack of efficiency of the S&T risk standard system in China greatly affect the efficiency of the S&T risk standard system,scientific uncertainty,and scientific rationality.The conflict with social rationality,the mismatch between the scientific and technological risks and the traditional risk regulation logic are the internal and external causes of the S&T risk standard system defects.The reconstruction of the administrative law of the S&T risk standard system should establish the principles of efficiency,fairness,and scientific in the formulation of S&T risk standards from the principle level,realize the innovation of acceptable standards,the standard level of globalization,and the standardization of public nature from the conceptual level.Restructuring the subjective system and relatedness system of China's S&T risk standards from the system level includes exerting the function of the subordinate S&T risk standard development group of the Consultation Committee on S&T risk Regulation,reforming the standard hierarchy system,and establishing a specific mechanism for improving standards.Evaluation is a key link in the process of regulation of scientific and technological risks.Summarizing the legal normative system of China' s current S&T risk assessment system and its achievements and shortcomings in the system' s operation can be found that factors such as the incompleteness of the S&T risk assessment system and the lack of neutrality of the expert committee have seriously affected the scientific nature of the S&T risk assessment system.The scientific dilemma of the S&T risk assessment system lies in the fact that it is difficult for science to provide certain conclusions for risk assessment and the "social construction" of scientific and technological risks.The optimization of the administrative law of the S&T risk assessment system should follow the basic principles of administrative law and establish the principles of independence,scientific,safety and openness of S&T risk assessment.The optimization of specific content includes the optimization of organizational structures such as administrative agencies and expert committees,the optimization of independence and compliance procedures,and the optimization of the identification of risk,information collection,monitoring,management,evaluation of indicator systems,and evaluation of operational mechanisms for error correction,assessment responsibilities and so on.Communication is a necessary part of the process of regulation of technological risks.Technology risk communication helps citizens to realize their right to know,participate in and choose their rights,eliminate distrust among parties involved because of differences in risk awareness,and promote the democratic nature of S&T risk regulation.However,in the embryonic stage of the S&T risk communication system,there are problems such as the lack of operability,lack of regulation in some areas,biased structure,and unbalanced allocation of rights and interests.Considering the actual rule of law,the administrative law orientation of the S&T risk communication system should introduce the principles of clearness,effectiveness,democracy,and security of S&T risk communication on the basis of the application of the basic principles of administrative law,and clarify the administration in the reorientation of specific systems.The legal status of subjects,social entities,private companies,and citizens,and their rights and obligations in the communication of scientific and technological risks,and the establishment of information sharing,regular exchanges,and multiple mutual trust mechanisms for S&T risk communication systems.Management is the final link in the process of S&T risk regulation.The current S&T risk management system in China has the concept deviation of emphasis on innovation and development of science and technology economy,and management of light scientific and technological risks.The normative predicament of unequal distribution of rights and interests among administrative bodies,social entities,private enterprises,and citizens,as well as departmental administration and comprehensive management Contradictions,public opinion appeals and practice dilemmas such as the derailment of institutional practice and the rule of law in interactive mismatches.The S&T risk management system should reconstruct evidence from aspects such as focusing on safety value,establishing sound preventive management concepts,and clarifying differentiated administrative goals,departmental responsibilities and measures,etc..The S&T risk management system should reconstruct evidence from aspects such as focusing on safety value,establishing sound preventive management concepts,and clarifying differentiated administrative objectives,departmental responsibilities and measures from the perspective of constructing the protection of rights in scientific and technological risk management,participation of multiple entities,and prevention With the necessary mandatory principles and other aspects to achieve the principle of reengineering.In the reengineering of specific systems,the S&T risk management subjective system for the responsibility and responsibility of the S&T risk management subject shall be constructed,the S&T risk management procedural system for open decision-making and flexible management shall be constructed,and the coordination and responsibility of the S&T risk management shall be improved and established.In addition,the mechanism oh regulatory compensation,dynamic registration,risk identification,multiple entities participate in negotiations,measure feedback and resource preparation shall be accomplished.