Education, Science, Technology, Innovation and Life
Open Access
Sign In
  1. Home
  2. Journals
  3. Science of Law Journal
  4. Vol 1, Issue 2, 2022

Administrative Law Regulation of Social Risk-Focus on Improving the Emergency Response Law

Download as PDF

DOI: 10.23977/law.2022.010210 | Downloads: 6 | Views: 419

Author(s)

Guanghui Tian 1

Affiliation(s)

1 Law School of China University of Political Science and Law, Beijing, 100088, China

Corresponding Author

Guanghui Tian

ABSTRACT

The overall concept of national security puts forward clear requirements for the regulation of social risks, which is the objective need for the modernization of national governance system and governance capacity. It is an important task and mission of administrative law to build the corresponding system. At present, there is insufficient research on social risk in Chinese administrative law. Corresponding system construction is deficient. We should establish special chapter in the emergency response Law to build the administrative regulation system of social risk based on the principles and ideas of prevention, administrative benefit, public participation and legal procedures. The system of social risk administrative regulation should not only build the subject, mode, procedure and relief system of social risk administrative regulation, but also build a complete risk monitoring, prevention, resolution and disposal system according to the characteristics of social risk, so as to finally realize the administrative rule of social risk and contribute to China's plan for the administrative regulation of social risk worldwide.

KEYWORDS

Social Risk, Administrative Regulation, Institutional System, Legalization

CITE THIS PAPER

Guanghui Tian, Administrative Law Regulation of Social Risk-Focus on Improving the Emergency Response Law. Science of Law Journal (2022) Vol. 1: 67-78. DOI: http://dx.doi.org/DOI: 10.23977/law.2022.010210.

REFERENCES

[1] Zhao Peng, Administrative Law Issues of Risk Regulation -- Focusing on Emergency Prevention, China University of Political Science and Law 2009 doctoral Dissertation, p. 65.
[2] Ulrich Beck's Risk Society, translated by He Bowen, Yilin Press, 2004.
[3] [Germany] Ulrich Beck, World Risk Society, translated by Wu Yingzi and Sun Shumin, Nanjing University Press, 2004.
[4] Xiong Fangyu. Deepen the content of textbooks and actively practice the overall national security concept [J]. Reference for Political Teaching in Middle Schools, 2021 (30): 3.
[5] Wu Jingguo. Coping with and Cracking Public Risks, published in Theoretical Exploration, 2021, Issue 6, pp 75.
[6] Zhang Hongxiao: Social Risk Governance: Trends, Difficulties and Solutions, published in Leadership Science, 2022, Issue 6, pp 114.
[7] Chunyan Zhang, Yu Wang, Types and Prevention Strategies of Social Risks Derived from large-scale Public health Emergencies, Chinese Administration, No. 4, 2022, p. 131.
[8] Zhang Chunyan, Wang Yu. Types of Social Risks Derived from large-scale Public Health Emergencies and Prevention and control Strategies. Chinese Administration, No.4, 2022, p. 137.
[9] Hamilton, Jay, Madison: Collected Works of Federalists, the first edition of the Commercial Press in June 1980 (printed in July October 2009), in which Chapter 23 deals with the above views.
[10] A. J.P Taylor, English History, 1914-1945,1. Cited from "British" William Wade: Administrative Law, China Encyclopedia Press, January 1997, first edition, pp 3.
[11] Zhao Peng, Administrative Law Issues of Risk Regulation -- Taking Emergency Prevention as the Center, China University of Political Science and Law 2009 doctoral dissertation, pp 98.
[12] Liu Quan. The Principle of Proportionality. Tsinghua University Press, 2022, p. 160.
[13] Xiao Mengli, Chen Zhaoxin. Risk Communication Mechanism in the Management of Public Emergency Crisis: Based on the difference between expert knowledge and Public Cognition, Journal of Wuhan University (Philosophy and Social Sciences), No.6, 2021, p.116.
[14] Bi Honghai. Cost Benefit Analysis as a Regulatory Decision Making Procedure, published in Research on Administrative Law, 2016, Issue 3, pp 89.
[15] Wu Jingguo. Coping with and Cracking Public Risks, published in Theoretical Exploration, 2021, Issue 6, pp 81.
[16] Zhang, Haibo, Tong, Xing. The Generation Mechanism of Emergency Management Effectiveness in China, Social Sciences in China, No.4, 2022, p. 66.
[17] Su Yu. Structured Interpretation of Risk Prevention Principle, published in the first issue of Legal Research in 2021, pp 35.
[18] Zhao Peng. "The Administrative Law of Risk Regulation -- Focusing on Emergency Response", 2009 Doctoral Dissertation, China University of Political Science and Law, p.88.
[19] Zhao Peng. "The Freedom and Security of Risk Society -- The Rise of Risk Regulation and Its Challenge to the Traditional Principles of Administrative Law", in Law of Jiaotong University, Vol. 2, p. 52, 2011.
[20] Liu Quan. Proportional Principle, Tsinghua University Press, March 2022, 1st edition, pp 151.
[21] Ma Huaide. Chief Editor in Chief, Administrative Law (Third Edition), China University of Political Science and Law Press, 3rd Edition, January 2019, pp 61.
[22] Bi Honghai. Cost Benefit Analysis as a Regulatory Decision Making Procedure, published in Research on Administrative Law, 2016, Issue 3, pp 89.
[23] Yang Dengfeng: Determination and Application of Statutory Principles of Administrative Procedures, Modern University, No.3, 2021, p. 74.
[24] Lin Hongchao. Remediation, Mobilization and Rule of Law in Response to Major Emergencies, published in Tsinghua Law Journal, 2022, Issue 2, pp 172.
[25] Zhang Haibo, Tong Xing. Generation Mechanism of China's Emergency Management Effectiveness, published in China Social Sciences, 2022, Issue 4, pp 64.
[26] Cao Liu. Research on the Realization of the Objectives of Administrative Inspection and Supervision under the Background of the Reform of "Releasing Regulations and Servicing the People's Republic of China", published in Journal of the National Academy of Administration, No. 3, 2020, pp 127.
[27] Zhan Chengyu, Declaration. Risk Communication System in Urban Risk Governance, Administrative Law Research, No.4, 2016, p. 97.
[28] Lin Hongchao. Consolidation, Mobilization and Rule of Law in the Response to Major Emergencies, in Tsinghua Law, No. 2, 2022, pp 156.
[29] Bi Honghai. "Cost-Benefit Analysis as a Regulatory Decision-making Process", Administrative Law Research, No.3, 2016, p. 92.
[30] Ying Songnian. From Administration According to Law to Building a Government under the Rule of Law, China University of Political Science and Law Press, 2019, pp 120.
[31] Wang Chen. Take Responsibility in the Practice of Comprehensive Rule of Law and Stride Along the Road of Socialist Rule of Law with Chinese Characteristics, published in China Law Journal, 2019, Issue 6, pp 13.

All published work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2016 - 2031 Clausius Scientific Press Inc. All Rights Reserved.