The Research Of Risk Regulation System

In advanced modernity the social production of wealth is systematically accompanied by the social production of risk. As perception changing and life expectancy, new hazards and risk arise. To put it another way, the movement from status to contract implies at the same time a movement from prescient and certainty to risk.In 2008, dozens of tainted milk powder incident have taken place in China. The relevant departments had confirmed that chemical melamine was founded in the baby milk powder which led tens of thousands of infants to suffer from illnesses. In the recent 20 years, the dioxin contamination events arise one after another around the world, which exerted multiple hidden dangers and damages on human’s health and food safety. The essence root of these events can be attributed to the failure of the routine supervision system. As a matter of fact, the supervision of food safety and the environmental protection can both be categorized as an activity that can help to protect public’s life, health and property as well as to regulate the risks which may result in damages.In an overall perspective, to research risk rule and regulation systematically can provide a wide range of knowledge to support improving the practice of risk regulation in certain field and preventing or reducing risks feasibly. On the one hand, we can explore the common path of risk regulation activities from the perspective of administrative law. On the other hand, we can use the theories and experience to build the risk regulation framework in our country. This thesis focuses on risk regulation system and takes it as the research object, with the aim to try to explore the development direction of the risk regulation in our country by analyzing the universality of foreign risk regulation system. The main content of the thesis is divided into the following three parts:The first part of the thesis, the concept of risk regulation and its relationship with administrative law, intend to summarize the common concept of risk regulation by set forth the concept of risk and the characteristics of modern risk on the basis of previous scholars’research. Due to the characters of risk regulation, global, uncertainty, subjectivity and its interaction with science, the doctrine of the rule of administrative and regional of traditional administrative law has been challenged.The second part of the thesis, the practice of the risk regulation:take the EU and American for example, regards the practice of risk regulation in foreign countries as the breakthrough point and attends to approach general analysis of risk regulation. As an expanding trend of modern risk appears, the global and local reconstruction of risk regulation can be synchronized. That is the reason why the experience of risk regulation abroad has reference significance for the construction of risk regulation of our country. This chapter will analysis and explain it is administrative subject that should be responsible of the risk regulation by set forth the practice of risk regulation in the EU and American. Administrative subject can use multiple legal processes, such as risk assessment, risk management and risk Communication, to regulate risks.Because the risk regulation is a new field in our country, the third part of the thesis, the present situation and future prospect of risk regulations in our country, will analyze the present situation of risk regulation in our country by proposing three main aspects as follow which can be inducted by clauses of laws and rules:1) the weakness of legal theory foundation; 2) the lack of cost-benefit analysis; 3) the lack of public democratic participation. In order to settle down the defects said forward, this chapter will attend to propose the future prospect of risk regulation in our country by combining the theory of rational-tool paradigm and discourse-constructing paradigm, which emphasize to attach great importance to the scientific, political, the action of value, the specialized knowledge and participation, require to pay attention to the democratic nature of public administration and to make necessary tilt between "more science" and "more democracy", and put forward the important function of legal culture in risk regulation.