In the context of risk society,Individuals alone are not enough to prevent risks,The government must shoulder its responsibilities。bet365 coupon code as an emerging government regulatory tool,low cost、Wide influence、Outstanding effects and other advantages。bet365 coupon code is an administrative factual act,Not an administrative act in the traditional sense,Risk warnings need to be appropriately applied。Inaction in bet365 coupon code means that the bet365 coupon code issuing entity fails to release risk information in a timely manner in accordance with its legal responsibilities,That is, "it should be released in time but was not released in time"。The concept of bet365 coupon code inaction has a broad meaning,includes unreleased、Incomplete or delayed release,Including procedural inaction,Also includes physical inaction。The connotation and denotation of inaction in bet365 coupon code are not fixed,It is often affected by relevant legislative or judicial activities,And continue to develop according to the new situation of social changes、Rich。
There are three elements for inaction in bet365 coupon code,They are respectively responsible for issuing statutory risk warnings、There is a realistic possibility of issuing a bet365 coupon code、Failure to issue bet365 coupon code in a timely manner。One,bet365 coupon code issuers shall have the legal responsibility to issue risk warnings,This is the premise for inaction in bet365 coupon code。The legal duty of bet365 coupon code mainly comes from the provisions of legal regulations on bet365 coupon code。This legal provision,Including general provisions,Administrative agencies, including those directly set by legal regulations, have the responsibility to issue risk warnings。Constitution、Law、Regulations、Regulations、Normative documents、The principles and principles of administrative law belong to the category of "law" in statutory duties。Non-other risk warnings should be interpreted loosely,The other-related bet365 coupon code may damage the property of a third party、Adverse effects on reputation, etc.,Should be strictly interpreted。Also,Explanation is affected by space and time conditions。"Responsibilities" in "Legal Duties",This should be understood as including the responsibilities of administrative subjects stipulated in legal norms,In essence, it also includes provisions on administrative powers。Part 2,The possibility of realistically issuing risk warnings refers to the conditions for realistically issuing risk warnings、Ability, etc.。Determine whether there is a realistic possibility of issuing a bet365 coupon code,The entity with the right to publish the judgment of whether there is a foreseeable possibility of a risk should be used,and,Should adopt the standard of judging the probability of foreseeability。Part 3,The objective manifestation of inaction on risk warnings is mainly the failure to issue (timely) risk warnings within the legal period or the expiration of a reasonable period,The release may not be comprehensive,This is the core component of bet365 coupon code inaction。The entity with the authority to issue should ensure the timeliness and effectiveness of issuing risk warnings,The most basic requirements for risk prevention should be met。
Specific manifestations of inaction in bet365 coupon code,Including but not limited to three types: foreseeable possibility but no bet365 coupon code issued、Delay in issuing bet365 coupon code、Insufficient bet365 coupon code issued。The reasons for failure to act on risk warnings are complex and diverse。One,Weak awareness of risk warnings is the subjective reason for inaction in risk warnings。Many public officials do not realize that bet365 coupon code is the responsibility of the government,It is the public’s right to obtain risk information in accordance with the law。Most of the public lacks awareness of safeguarding their right to know,The awareness of legal liability for failure to act in risk warnings has not yet been formed,This is a disguised form of condoning the inaction in bet365 coupon code。Part 2,The characteristics of risks increase the difficulty of judging inaction in risk warnings。Risk is uncertain、Potential、Knowledge dependence and other characteristics,Making risk warnings difficult to achieve with “conclusive evidence”,This increases the difficulty of judging inaction in risk warnings。Part 3,bet365 coupon code involves multiple interests。Other-related bet365 coupon code is reminding you of the risk、While protecting public interests,It may also lead to the property rights of other specific interested parties、Damage to reputation and other rights and interests,Therefore,Other-related risk warnings have the dual nature of benefit and infringement。bet365 coupon code issuers may be "captured" by specific stakeholders or local protectionism and fail to issue risk warnings in a timely manner。Fourth,The bet365 coupon code issuing entity has greater discretion,Increased the difficulty of judging whether inaction constitutes a bet365 coupon code。There are many uncertain legal concepts in bet365 coupon code legislation,The "uncertainty" of risks also determines the necessity of discretionary risk warnings。Part 5,The low degree of legalization of bet365 coupon code is mainly reflected in the lack of physical control、Program control mechanism is missing、Three aspects of judicial control are insufficient。
Failure to act in risk warnings should be controlled by administrative law,Mainly based on the country’s security responsibility、Balance theory、Fairness and justice theory、Risk Prevention Theory、Theoretical basis of five aspects of the shrinkage theory of administrative discretion。Failure to act on risk warnings must be controlled within the framework of administrative law,Adhere to the concept of full process control,Strengthen physical control over inaction on risk warnings、Program control、Judicial Control,Develop basic physical and procedural codes of conduct for issuing risk alerts,Judicial review of inaction to strengthen bet365 coupon code。
First,Strengthen entity control over bet365 coupon code inaction,Draw clear boundaries between "actions" and "inactions" in risk warnings,Clarifying the statutory requirements for bet365 coupon code entities,Thus regulating it at the source,Build to release subject authority、A normative system focusing on applicable conditions and published content,Conduct legal control over risk warnings。One,Improve the legislation on the subject and authority of issuing risk warnings,The issuing entities of risk warnings should be limited to administrative agencies stipulated in laws and regulations and organizations authorized by laws and regulations (except those authorized to issue in accordance with the law)。The right to issue risk warnings should be appropriately delegated,Determine the authority of bet365 coupon code issuing entities based on administrative tasks,Integrate in legislation the issuing entities that reduce risk warnings for the same matter。Part 2,Except for areas with “Do Not Apply” risk warnings,Can risk warnings be issued under other circumstances,Relevant factors need to be specifically considered: whether it is closely related to public interests、Justified purpose、Level of danger (critical) to the public、Is there a better alternative measure and the degree of impact on the rights and interests of specific stakeholders。Part 3,Improving the legislation of bet365 coupon code release content,Legislative provisions that require increased bet365 coupon code content,Legislative provisions must be clear,Should meet standards of completeness and objectivity。
Secondly,Strengthen the program control of bet365 coupon code inaction。One,Control bet365 coupon code inaction through the effective participation of multiple subjects in bet365 coupon code and the use of time and space factors。Led by the government,Risk assessment agency、Expert、Public、Social organization、Collaborative governance by media and other multiple entities,Through coordination and cooperation、Game and interaction,Balancing the interests of all parties,Reflects democracy and science、The need for mutual supervision and balance of interests。By broadening the sources of risk information、Ensure participants have adequate access to information、Improve the independence and effectiveness of participation and the unity of scientific rationality and social rationality,Let multiple entities participate in the issuance of risk warnings effectively and orderly。Part 2,Inaction to control risk warnings should also comply with time and space requirements。Failure to issue a bet365 coupon code within a reasonable period or within an appropriate space constitutes omission。Issue bet365 coupon code,Choose the right time,Follow legal deadlines or reasonable deadlines。When there is no legal deadline,The judgment of whether a reasonable period has been exceeded can only be made in individual cases based on the specific circumstances of the case。This depends on the urgency of the risk、The degree of harm and degree of certainty、The importance of the rights and interests of the affected public and the party being announced, etc.。
Finally,Strengthen judicial control over failure to act on risk warnings。One,The "Administrative Litigation Law" revised in 2014 used "administrative behavior" to replace the "specific administrative behavior" before the revision,Thus further expanding the scope of administrative litigation,Risk warnings as administrative factual behaviors fall within the scope of administrative litigation。Part 2,Qualifications for prosecution stipulated in the revised Administrative Litigation Law,The restrictions are still too strict,It is recommended to relax the restrictions on the qualifications for infringement of bet365 coupon code lawsuits,Give a certain number of citizens or social organizations the right to file administrative public interest litigation。Part 3,The burden of proof for failure to act in bet365 coupon code shall be borne by the administrative agency,The plaintiff still needs to respond to the administrative agency’s inaction,Provide preliminary evidence for the fact that the public interest has been infringed or is about to infringe the public interest。Uncertainty based on risk、Potential、Characteristics of knowledge dependence,The regulatory agency’s burden of proof should be reduced。Fourth,When the court examines whether failure to act constitutes a bet365 coupon code,The process for deciding whether to issue a bet365 coupon code should focus on reviewing,Follow the "strict inspection" standard,General legal principles may apply。Part 5,The judgment method of bet365 coupon code inaction mainly includes the judgment of dismissal of litigation claims、Confirm two types of illegal judgments,Performance judgment can also be applied in very few cases。Among them,The judgment to reject the lawsuit is applicable to situations where failure to act as a bet365 coupon code cannot be established;Confirm that the illegal judgment applies to situations where bet365 coupon code failure is established。Failure to respond to risk warnings,While the court made a judgment confirming the violation,The defendant can be ordered to take remedial measures;If failure to act on the bet365 coupon code causes losses to the plaintiff,The defendant is judged to be liable for compensation according to law。Cases of failure to act on risk warnings should fall within the scope of administrative compensation in our country,The constituent elements of liability for failure to act as a bet365 coupon code include the objective existence of failure to act as a bet365 coupon code、The legitimate rights and interests of the public have been actually harmed、There is a considerable degree of causal relationship between failure to act in risk warnings and actual damage、No compensation received from other channels。
(This article is a phased result of the National Social Science Fund project “Research on the Protection of Rights and Interests of Stakeholders in Public bet365 coupon code” (16BFX047)
(Author’s unit: Shandong Normal University bet365 coupon code School)
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