Administrative Law Control of Risk Warning Inaction
July 03, 2019 09:27 Source: "China Social Sciences" July 3, 2019 Total No. 1726 Author: Wang Fang

In the background of risk and social,Individuals are not enough to prevent risks with their own strength,The government must bear its responsibility。Risk alert as a new government regulatory tool,Has low cost、Impact Guang、Outstanding effects and other advantages。Risk warning belongs to administrative facts,It does not belong to administrative acts in the traditional sense,Risk alert needs moderate applications。Risk warning inaction refers to the risk warning publishing subject that does not publish risk information in time in accordance with its legal duties,"Should be released in time without timely release"。The concept of risk warning is not the concept of a broad sense of meaning,Including unpublished、Unp online or delay release,both include procedural inaction,Also includes physical inaction。The connotation and extension of risk warning inaction are not fixed,It is often affected by legislation or judicial activities,and continue to develop according to the new situation of social changes、Rich。

There are three constituents of risk warning inaction,The responsibility of the legal release risk alert、The possibility of a realistic risk warning、No risk warning in time。One,Risk warning publishers shall bear the legal responsibilities with risk warnings,This is the premise that constitutes the inaction of risk warning。The statutory responsibilities of risk alerts are mainly derived from the provisions of legal norms for risk warnings。This legal provisions,Including the requirements of the general format,It also includes the responsibilities of the administrative organs that are directly set in the legal specifications.bet365 Play online games 。Constitution、Law、Regulations、Regulations、Normal file、The principles and principles of administrative law belong to the category of "law" in the legal duties。Alert explanation for non -sexual risk warnings,And his sexual risk warning may be the property of the third person、Honorary and other adverse effects,Strict explanation should be performed。Another,Explanation is affected by time and space conditions。"Responsibilities" in "Legal Responsibilities",This should be understood here as responsibilities that include both administrative subjects stipulated in the laws and regulations,In essence, it also includes regulations on administrative powers。Its two,The possibility of having a realistic risk warning refers to the condition that has a realistic risk warning、Ability, etc.。Determine whether it has the possibility of reality to issue risk warnings,It should be judged by the right to release the possibility of predicting the possibility of risks,and,It should be judged by a lid foresee possibility。Its three,The objective performance of the risk warning inaction is mainly due to the issuance of risk warnings in the legal period or the reasonable period of the expiry of the expiration of the expiration of the expiration of the expiration of the expiration,or incomplete release,This is the core composition element for risk warnings。The right to release the subject should ensure the timely and effectiveness of the risk warning,The most basic requirements for preventing risks should be met。

The specific manifestation of the risk warning inaction,Including but not limited to three types: have foreseeable possibilities but not released risk warnings、Delaying Risk Warning、Release risk warning is not comprehensive。Risk alerts are not complicated and diverse。One,Light risk awareness consciousness is a subjective cause bet365 Play online games of risk alerts that do not act as a subjective cause。Many civil servants do not realize that the risk warning is the government's responsibility,Obtaining risk information in accordance with the law is the right of the public。Most public lacks awareness of maintaining their own right to know,Consciousness that has not yet formed a legal liability that is pursued by risk warning,This is indulgent risk warning and inaction。Its two,The characteristics of risk increase the difficulty of judging the inaction of risk warning。Risk is uncertain、potential、Knowledge dependence and other characteristics,It makes it difficult for the risk warning to achieve "conclusive evidence",This increases the difficulty of judging the inaction of risk warning。Its three,Risk warning involves multiple interests。Involved risk warning is reminding risk、At the same time of protecting public interests,It may also lead to the property rights of other specific stakeholders、Damage to the rights and interests of reputation rights,Therefore,Double nature of involved risk warnings with benefits and benefits。Risk warning publishers may be "captured" by specific stakeholders or local protectionism without timely risk warnings。Four,Risk alert publishing the main body of the main body is large,Added the difficulty of judging whether it constitutes a risk warning and inaction。There are more uncertain legal concepts in risk warning legislation,The "uncertainty" of risks also determines the necessity of risk warning free tailoring。Its five,Low risk warning rule of law is mainly manifested in the lack of physical control、Lack of program control mechanism、Three aspects of judicial control。

Risk warning should not be controlled by administrative law,It is mainly based on national security responsibility、Balanced Theory、Fairness and Justice Theory、Risk bet365 Play online games prevention theory、The theoretical basis of the five aspects of administrative tailor contraction theory。Risk alerts must be controlled under the framework of administrative rule of law,Persist in the concept of the whole process,Strengthen the entity control of risk -warning inaction、Program control、Judicial Control,Formation of basic entity and procedures for the release of risk warnings,Judicial review of strengthening risk warnings。

First,Entity control that enhances risk warnings,Clearing risk warning "actions" and "inaction",Clarify the legalization of the entity requirements of the risk warning,Therefore, specify it at the source,Build it to release the subject permissions、Applicable conditions and regulatory systems that are mainly published,Perform legal control of risk warning。One,Legislation of the release of risk warning subjects and permissions,The publishing subject of the risk warning shall be limited to the administrative agencies stipulated in the laws and regulations and the scope of the organization authorized by laws and regulations (except for accepting the entrusted release according to law)。Risk alert release rights should be properly put,Administrative task -oriented to determine the authority of the risk warning publishing subject,Integrated in legislation to reduce the release of risk warnings of the same matters。Its two,In addition to the field of "prohibiting applicable" risk warning,Can you release risk warnings in other circumstances,It is necessary to consider the relevant factors: whether it is closely related to the public's interests、Purpose of the purpose、The degree of harm to the public (critical)、Whether there is better alternative measures and the degree of impact on the rights and interests of specific interests。Its three,Improving the legislation of the Bet365 lotto review content of the risk warning,The legislative regulations need to be added to the content of the content of the risk warning,Legislative regulations should be clear,It should meet the integrity and objective standard。

Next,Program control for strengthening risk warnings。One,Effective participation and use of space -time factors in risk warning to control risk warnings。Directed by the government,Risk assessment agency、Expert、Public、Social Organization、Media and other diverse subject collaborative governance,Through coordination and cooperation、Game and interaction,Balance the interests of all parties,Reflecting democracy and science、The needs of mutual supervision and balance of interests。By broader the source of risk information、Guarantee participants fully obtain information、Improve the independence and effectiveness of participation, and the unity of scientific rationality and social rationality,Let the multiple subjects effectively and orderly participate in the release of risk warnings。Its two,Control risk warning inaction should still abide by the requirements of time and space。No risk warning in a reasonable period or not publishing risk warnings in the appropriate space constitutes an inaction。Release risk warning,To choose the right time,Follow the statutory period or reasonable period。Without the statutory period of statutory period,The judgment of whether it has passed the reasonable period can only be made in the case according to the specific situation of the case。This is to consider the urgent level of risk、The degree of harm and definition、The important degree of the affected public and the important degree of the rights and interests of the publicity。

Last,Judicial control that enhances risk warnings。One,The "Administrative Procedure Law" after the amendment in 2014 uses bet365 Play online games "administrative behavior" to replace the "specific administrative behavior" before the modification,So the scope of the case of administrative lawsuits further expands,The risk warning as an administrative facts belongs to the scope of the case of administrative litigation。Its two,The qualifications stipulated in the "Administrative Procedure Law" after the revised "Administrative Procedure Law,Limited is still too strict,It is recommended to relax the risk warning and not as a lawsuit qualification limit,Gives a certain number of citizens or social organizations to file a right to litage administrative public interest litigation。Its three,The liability for proof of the risk warning inaction shall be borne by the administrative organs,The plaintiff still needs the inaction of the administrative organs,Provides preliminary evidence for facts that infringe public interests or are about to infringe public interests。Risk -based is uncertain、potential、The characteristics of knowledge dependence,Should reduce the liability for proof of regulatory agencies。Four,When the court is reviewing whether it constitutes a risk warning and does not act,It should be reviewed to make a program for issuing risk warning decisions,Follow the "Strict Inspection" standard,and apply general legal principles。Its five,The referee method of risk warning inaction mainly includes rejection of litigation request judgment、Confirm the two types of illegal judgment,Few cases can also be applied to perform judgments。Where,Rejection of litigation request judgment is suitable for risk alerts that cannot be established;。Inaction of risk warning,The court makes a confirmation of the illegal judgment,It can be judged to order the defendant to take remedial measures;,Judgment of the defendant shall bear the liability for compensation。Risk alerts Bet365 app download should not be the scope of administrative compensation in my country,The constituent elements of the risk warning as a liability for compensation include the objective existence of risk warning inaction、The legitimate rights and interests of the public are actual damage、Risk warning inaction and actual damage exist to a considerable degree of causality、No compensation from other ways。

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(Author Unit: School of Law of Shandong Normal University)

Editor in charge: Wang Ning
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