Research On Legal Regulation Of Risk Warning ——Based On The Perspective Of Administrative Process

Modern risks are highly "knowledge-dependent",far beyond the reach of the public.In this context,in order to correct the insufficiency of individual ability in risk prevention,risk warning as a new risk regulation method came into being.Risk warning refers to the behavior of administrative organs to influence the public’s own choice by publishing the risk information of a certain product in their possession,and guide the public to prevent and avoid risks.However,risk warnings are like a double-edged sword.Proper use can certainly enhance public interests,while improper use will damage the legitimate rights and interests of enterprises and other producers and operators,cause unnecessary panic and other losses to the public,and cause various social problems.However,subject to the uncertainty of risks and the limitations of scientific understanding,it is difficult for administrative agencies to ensure that the cognition of risk facts at a certain point in time is absolutely correct.However,if a risk warning is issued after the harm of the risk has been confirmed,the damage to the public interest will be more serious.Therefore,under the circumstance of uncertain risks and conflicting public interests and private interests,how to regulate the risk warning behavior of administrative agencies has become an urgent problem to be solved.However,risk warning is not a static process,but a dynamic process with multiple stages interlocking.Previous studies on risk warnings have only examined the legitimacy of warning issuance as a result of the administrative process,and have not paid much attention to the periodic behaviors before the issuance of warnings.But in fact,the "release of risk warnings" is only an act of "presenting the final legal effect",and the presenting of this effect is the result of the superposition of the effects of actions at various stages.Therefore,in order to incorporate risk warnings into the framework of the rule of law,it is necessary to extend the research perspective to the administrative process before the issuance of risk warnings,in order to comprehensively regulate the risk warning behaviors of administrative agencies.The main body of this paper is divided into five chapters.The first chapter is the basic theory of risk warning.This part starts with the concept of risk warning.Through the analysis of characteristics and other similar concepts,the specific connotation of the concept is clarified,and the logic of its generation is discussed around the background of the system.The second chapter discusses the necessity and feasibility of introducing the research paradigm of administrative process theory.This chapter analyzes the stage structure of risk warning,and clarifies that risk warning as a complex administrative activity actually includes three process behaviors,namely "risk assessment","risk decision" and "warning release".There is a high degree of agreement between the dynamic analysis and the multi-subject relationship between behavior and process theory.Therefore,it is necessary and feasible to analyze the legal regulation of risk warning from the perspective of administrative process.Chapters 3,4,and 5 respectively analyze the legal regulation in three stages: risk assessment,risk decision-making and risk warning issuance.Through the investigation of relevant legal norms and practices,the problems faced at each stage are summarized and targeted.comments and suggestions.