| Public warning is a new measure for social governance,which is increasingly favored by administrative agencies due to its flexibility,efficiency and low cost.Administrative agencies respond to public concerns about risks and guide the public to prevent and avoid risks correctly by issuing public warnings.However,while public warnings promote public interests,they may also cause property and reputation losses to producers and operators such as enterprises.Thus,exploring ways of legal control of public warnings and balancing the relationship between public interests and private interests behind them become a matter of major concern.This thesis attempts to develop a theoretical and practical study of the public warning system from four parts.The first part introduces the background conditions of the generation and the development of public warnings in combination with the advent of risk society,the changes of administrative tasks and the transform of social governance instruments.The second part and the third part analyse the dilemmas that public warnings may encounter regarding the design as well as the operation of the corresponding mechanism by observing relevant legislation and practice.The fourth part proposes feasible solutions to the aforesaid dilemmas as following,so as to provide references for legislation,administrative self-restraint and judicial review.First,the definition of the subjects and the authority of issuing public warnings.Second,the construction of periodic procedures and the procedural rights protection for the announced party.Third,the enactment of internal administrative rules and the setting of internal relief mechanisms.Fourth,the re-examination of public warnings from the perspective of administrative process.Fifth,the introduction of the proportionality principle as a criteria for judicial review and the appropriate selection of the intensity of judicial review under the professionalism and the uncertainty of risk regulation. |
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