The Evolvement Of America Risk Regulation Legislation Model

The regulation of risk was defined as government interference with market or social processes to control potential adverse consequences to safety and health and the environment.Since the late 1960s,Congress has enacted a series of the landmark legislation to protect the environment and individual health and safety.Collectively,this legislation is known as risk regulation because it addresses the risk of harm that technology creates for individuals and the environment.From the early 20th century to the late 1960s,Congress had relied primarily on the tort system which was based up on traditional liberal principles to address personal and environmental injuries,and augmented by minimal federal regulation.Information asymmetry leading to the difficulties of the evidentiary burdens,and "negative externalities" problems,and the consumer rights movement demonstrated the impotence of tort law.A mass of legislation of risk regulation came forth.From the late 1960s to the mid-1990s,Congress enacting the legislation of risk regulation inclined to require that an agency had to demonstrated a "risk-based threshold" or a "significant risk threshold" in order to regulate risk,and regulation occurred under a "constrained balancing" standard or an "opened-ended balancing" standard.Facing "irrational preferences",innovator of risk regulation seek to filter demands for regulation through decision-making tools,particularly cost-benefit analysis,that promote more rational public policies.The cost-benefit analysis mode of risk regulation was developing.In 1995,the 104th Congress of America's primary topic for discussion was that to revise the statutes of risk regulation.Congress ordered that agencies drafted out the rules under the cost-benefit balancing analysis and provided the draft report on the costs and benefits of risk regulation.Till then, America basically established the cost-benefit analysis frame in risk regulation.America risk regulation model has evolved over one hundred years. Although it is in fashion,it also has maladies.Reviewing the evolvement of this model,it is a meaningful experience for understanding the modern risk regulation system.The ubiquity of risk not only threatens American people,but also Chinese. That Legislation adopts the cost-benefit analysis is in starting stage.The development of America risk regulation system provides much experience for us.