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Legal Orientation In The Risk Society

Posted on:2018-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:F XiaoFull Text:PDF
GTID:2346330518981986Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the sharing economy and the continuous development of the science and technology innovation project,the various social risks caused by the alienation of the technological rationality have caused the widespread concern of the survival crisis in modern times.Especially,in the modern risk society,a large number of complex,multiple and uncertain risks have aggravated the chaos and disorder of social order.All kinds of risks and their potential threats caused by the alienation of technology have been beyond the scope of the security mechanism which can be controlled by the traditional society.At the same time,in the face of uncertainty risks,the current legal system also exposed many drawbacks.In the legal framework of risk management,all kinds of social subjects are unable to find a reasonable solution in accordance with the traditional way.Facing the growing crisis of risk,no individual can afford the loss.When the fragility of human nature is constantly threatened by all kinds of uncertainties,people should make rational decisions in the future.For the whole society,how to find a way to prevent the risk and reduce the disaster effectively will be a key issue.Therefore,it is necessary to start with the identification of the risk in the risk society.To clarify the dialectical relationship between risk and risk society,and to analyze the uncertainty of risk and its causes.In order to correctly understand the relationship between risk and legal regulation,and take all interests into account in the conflict of risk.The author will give a constructive criticism from the perspective of Sociology of law and Legal philosophy in the current legal system.From the three aspects which risk's formation of and legal responsibility and relief,risk's assessment and the optimization of the decision-making model,risk's prevent,control and the legal response strategy.Combined with the knowledge of economics,social psychology and other disciplines.In order to correct understanding of the risks and legal relations.This paper analyzes the difficulties in current legal system.In the future society,government should create a variety of ways to prevent and control risks and potential threat.By three dimensions to explore a scientific and reasonable,feasible legal governance strategies.Which is the emotion experience cognitive model with legal countermeasures ‘s consummate,rational cognitive model and use of cost-benefit analysis,cognitive differences about the risk and sharing system of regulation.In detail,implement of public relief.Compound Governance Model of private law;establish a diversified mode of legal regulation,such as,namely the implementation of alternative dispute resolution procedures and local mediation scheme.
Keywords/Search Tags:Risk society, Risk decision, Legal response, Legal regulation
PDF Full Text Request
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