Research On The Public Warning Behavior Of The Rule Of Law

Under the background of a risk society, information society and servicegovernment, public warning has been applied to many administrative areas as of anew type of government regulation, especially the health, food, medicines, theproduct quality and so on, which are closely related to people’s lives. The publicwarning behavior take the theoretical basis on the theory of the right to know and theconcept of administrative services. It surpasses the traditional forms of administrativeaction to have characteristics with variability, flexibility, creativity, guide etc. Thepublic warning behavior can play a dual function of the warning and risk prevention,deterrence and punishment, so that the administrative organs are able to realize theadministrative goal flexibly and highly effectively, and thus favored. The publicwarning behavior which takes the unspecific social public as the object is made tosafeguard the public interest, rather than focus on the realization of the punishmenteffect, has the means-oriented non-mandatory, and does not produce the direct legaleffects, locates generally in the administrative fact behavior in the nature. For thisreason, the current public warning behavior has the system flaw in substantive lawregulation, behavior procedure and the right to relief. The absence of legal regulationmakes the public warning power be easy to be abused, and citizens’ legitimate rightsand interests face the risk of infringement by the executive power. Therefore, it is animminent important topic to improve the public warning behavior’s related system, sothat the public warning power operate correctly in the track of Administrative Law.For that reason, this article combs the theory and practice operation of the publicwarning behavior of our country systematically and take it as a foundation, and learnsfrom foreign mature experience, take the legal retention principle, the proportionprinciple, the right procedure principle as the control basis, meanwhile through theways of the legislative perfection, the authority control, the procedure standard, reliefimplementation and so on to explore the effective way of system improvement.