Thinking On Risk Decision Rationalization Of Administrative Law

In recent years, along with in-depth study of the risk of administrative law,regardless of institution building and institution-building in risk decisions are, thereare many issues to be studied and discussed. More prominent in the field of riskdecision, the government has not yet developed an overall specification and isapplicable with various risk decision making process, but also for the constructionrisk making institutions of government functions in the pilot phase, the system is stillnot enough and perfect, there are also many questions. By rationalizing depthexploration risk decision path analyses which inadequate risk decision to rationalizethe exploration stage have to enable it to scientific decision-making and to protectdemocracy.From the procedural norms and institutional construction start, begins with abrief analysis of the cross-cutting issues and reasonable risk decision legalizing sametime for the more important areas of risk decision to rationalize several procedures toanalyze, through research related systems, as well as the risk of local precautionaryprinciple Study of the Application, summed up the decision-making process toimprove decision-making and risk of emergency legislation and enforcement ofspecial treatment, is an effective means to protect scientific risk decisions. Byinterpreting the government, experts, the public and the legal role and status in theadministration of risk, analysts and public relations, science and democracy, law andadministration, to discuss how to improve the government’s legitimate and reasonablerisk decision-making and risk of judicial review of administrative regulation of riskdecision, emphasizing the prominent role of the law in risk regulation, so that therational application of science and technology and scientific experts and governmentto improve people’s lives regulatory risks.The risk is highly uncertain, with different risks to be taken in different ways andapproaches to regulation; treat risk decisions to be based on the basis of a rule of lawprinciples, the government should take contextual regulation, routine decision-makingprocess of the treatment, emergency decision-making special treatment. To do it, in the face of a risk, the risk regulation in all areas of law must have the appropriatesafeguards, and to establish a level corresponding to an effective and comprehensivesystem of risk assessment to make more reasonable legalized. Preliminary work,proper use of science and technology related fields strength, improve risk assessmentmechanism so that scientific laws are operating under regulation, but also to establisha standardized risk decision-making process, increase public participation efforts andquality assurance risk the process of decision-making procedure is legal, lawfulcontent. In addition, but also to establish a multi-level comprehensive emergencyresponse agencies, in response to an emergency risk, while the risk of the occurrenceof harmful consequences, timely and effective treatment and response. After the riskof errors or contingency risk decision-making behavior, can give people the right toan opportunity to safeguard their own interests, the claims for compensation, as wellas disaster relief after misbehaving decision behavior should be explicit reference toapplicable provisions or administrative regulations.In addition, from another perspective, the government’s science and technologycapacity to respond slightly less risk areas, the test for judicial review system alsoremind lawyers should focus on risk areas. Judicial review system, and actively playthe role of the judiciary. Lag, when the rapid development of science and technologyis even more obvious, in order not to risk to humans cannot control the direction,need a set of principles, guidance, procedural legal documents as one of the law, ofcourse, perfect program and institution-building, the development of relevant policiesand regulations is imperative.