Research On Sunstein’s Regulation Theory

Chinese socialist modernization is in full swing,modern science and technology for Chinese modernization with wings,but also to ease our survival has brought a great burden,resulting in environmental pollution,noise pollution,air pollution and a series of environmental pollution problems.In addition,the improvement of production efficiency promoted by science and technology and the development of market economy force enterprises to pursue benefits.Driven by absolute interests,it is inevitable that there will be realistic difficulties in infringing the legitimate rights and interests of consumers.Regulation is one of the important mechanisms to solve these problems,which can promote the healthy and prosperous market and maintain social stability on the basis of standardizing the market environment and straightening out the relationship between the government and the market.At present,the construction of service-oriented government is one of the main challenges faced by the Chinese government.The construction of service-oriented government by means of regulation can to some extent improve the administrative legal relations of the past Chinese government with orders as the main content,provide a good environment for the society,and ensure the healthy and orderly operation of the market economy.Regulation in modern jurisprudence originated in the United States,and played an important role in the cyclical economic crisis of capitalism,not only helping the United States to overcome the crisis,but also effectively promoting the economic recovery after the crisis.Keith R.Sunstein is a famous public jurist in the United States.He once served as a staff member of the Office of Legal Counsel of the United States Department of Justice,the director of the Risk Regulation Project of Harvard University,and served as the director of the Office of Information and Regulation Affairs of the Obama administration from 2009 to 2012.His abundant personal practice laid a foundation for the proposal of his regulation theory.On the basis of Chinese national conditions in the new era,in the process of modernization of national governance capacity and governance system,the study of Sunstein’s regulation theory can provide valuable experience for Chinese national governance,and is also of great significance to the study of "regulation" in Chinese legal circle.This paper starts with the background of Sunstein’s regulation theory,makes a comprehensive analysis of its historical background and ideological background,and then explains the main content of Sunstein’s regulation theory.Secondly,by studying Sunstein’s research results on American regulatory procedures and means,it summarizes American regulatory experience and lessons.On this basis,the author analyzes the achievements of Sunstein’s regulation theory by scholars at home and abroad.Finally,on the basis of drawing lessons from Sunstein’s theory of regulation,under the guidance of the research results of domestic and foreign scholars,combined with Chinese current practice,from the legislative means of regulation,regulation implementation means and Chinese regulation law research,the corresponding suggestions are put forward.In addition,this paper reviews the background of Sunstein’s regulation theory,regulation system and relevant scholars’ evaluation,reflects on the existing problems in Chinese current regulation process,and puts forward corresponding suggestions for Chinese regulation.