General Secretary Xi Jinping pointed out in the report of the 20th National Congress of the Communist Party of China: “my country’s development has entered a period of coexistence of strategic opportunities, risks and challenges、A period of increasing uncertainties and unpredictable factors,Various ‘black swans’、The ‘grey rhinoceros’ incident may happen at any time。We must increase our awareness of danger,Adhere to bottom-line thinking,Be prepared for danger in times of peace、Plan for a rainy day,Be prepared to withstand the major test of high winds, rough seas and even stormy seas。"This profoundly illustrates the importance of preventing and defusing major risks in maintaining national security and social stability。In terms of administrative rule of law,The objects of administrative intervention in traditional order are limited to known dangers or real harm,The corresponding institutional theory cannot cope with the prior control of risks,bet365 coupon code as a risk management tool,Compensating for situations of scientific uncertainty,Insufficient legitimacy of administrative advance prevention。However,To give full play to the applicable value of the bet365 coupon code,We cannot only focus on the functional aspects of the bet365 coupon code from a macro level,We should also return to the soil of governing the country according to law to explore the legal path for the application of this principle。
一,The positioning of the bet365 coupon code in the legal order needs to be clarified。At the legal level,The necessary prerequisite for the application of the bet365 coupon code is to legitimize the need to take preventive actions,And its legal positioning will directly affect the normative effectiveness of the principle and the difference in the design of the normative system。From the perspective of my country’s current legal system,Apply the bet365 coupon code to deal with the environment、The positioning of health risks in legalism remains unclear。Although constitutional provisions such as "ecological civilization", "the state respects and protects human rights", "the state guarantees the rational use of natural resources", and "the state protects and improves the living environment and ecological environment" can analyze the country's risks from the perspective of subjective rights and mission goals Duty of precaution,Public Health、Emergency、Food Safety、Relevant risk assessments have also appeared in the fields of environmental protection and other departmental laws、Fragmented specifications for risk management,Among them,The "Biosafety Law" also regards "risk prevention" as a principle of biosafety prevention and control,But this only shows that our country has widely recognized the concept of risk prevention,The status of this principle in law has not been established in a general sense。
Second,The conditions for the application of the bet365 coupon code need to be clarified。Whether it is an administrative agency or a judicial agency,No one has the right to directly restrict citizens’ basic rights on the grounds of risk prevention or to claim that preventive measures are legal,In other words,There must be clear legal provisions authorizing intervention,Otherwise the precautionary principle cannot be applied。In addition,Strong and weak versions of the bet365 coupon code represented by the "Winsblad Statement" and the "Rio Declaration on Environment and Development",Other conditions for the application of this principle are also revealed,Respectively, there are scientific uncertainties in the scope of risk regulation and whether there is a causal relationship between risk behavior and risk。There are differences in the identification of strong and weak versions of the former,The strong version of the precautionary principle requires preventing all threats of damage,The weak version limits the scope of risk regulation to “serious” or “irreversible” potential threats to human health and the environment;The latter belongs to the common content of strong and weak versions。Differences based on legal culture,The application of the bet365 coupon code differs from country to country,Applicable under what conditions、What is the applicable strength,All related to a country’s acceptable risk level。The determination of acceptable risk levels belongs to the legislator’s value judgment,Objects usually regulated by risk、The setting of risk thresholds and other normative contents are presented,If the acceptable risk level is violated,Will trigger the possibility of applying the precautionary principle。Although our country already has an “acceptable risk level” system based on “technical standards”,However, due to the lack of distinction between “risk” and “danger” in the legal hierarchy,There is no legal definition of this principle,Naturally, this creates the dilemma of “nothing to rely on” in the process of risk regulation。
Third,The legality control system for risk prevention still needs to be established。The application of the bet365 coupon code is one and the same,While maintaining collective security or taking care of the interests of future generations,It will inevitably infringe on the personal freedom or economic rights of individuals,According to the state’s obligation to protect basic rights,Behaviors that restrict basic rights must be legally regulated。However,The power control system with traditional police law as the core is not enough to complete the control of risk prevention。It can be said,Risk-based uncertainty and variability,The limitations of legislation will become more obvious,On the setting of norms related to regulatory risks,The traditional normative model of "conditions-legal consequences" will be diluted,The "legal authorization" model is becoming more and more common,The functional status of soft law rises,Accordingly,Legal norms for risk control and prevention should try to improve the establishment of procedural law to make up for the shortcomings of substantive law。Of course,The principles of proportionality and equality should still apply to restrictions on preventive measures,Nothing more,Compared with traditional application methods,There will be new adjustments to the application of the proportionality principle。
To the environment、Proper response to health risks,Cannot deviate from the track of governing the country according to law,The reasonable application of the bet365 coupon code needs to revolve around the principles of legalism,Improving the construction of legal norms for risk prevention,Let this principle run healthily on the track of rule of law。
First,Based on my country’s current development stage and existing legislative accumulation,It may be possible to first establish the status of the bet365 coupon code in departmental law。If this principle is directly constitutionalized,It means that the absolute priority of environmental protection is confirmed from the constitutional level,This kind of environmental idealism and the implementation of innovation in our country at this stage、Coordination、Green、Open、The new development concept of sharing runs counter to。To find a reasonable positioning of this principle in the socialist legal system with Chinese characteristics,Legislators should prioritize balance、Coordinate the relationship between "innovative development" and "risk prevention"。Moreover,The outlines of this principle are not yet clear,Relevant applicable theories are still being explored,Directly "one step" into the constitution,The step is too big,You might as well treat it with caution using a "step-by-step" approach。From the perspective of historical changes,The bet365 coupon code originated from German environmental law,Then it expanded to become an important part of the principles of international environmental law,In scope of application,Gradually penetrating into public health、Food safety and health field;Viewed from domestic legal practice,Lack of systematic legal rules to prevent risks,And “the basic principles of China’s environmental law include the principle of risk prevention” only remain at the level of general theory,Food Safety、A similar situation exists in the field of public health protection;From the perspective of comparative law,German law regards this principle as one of the basic principles of environmental law,And with the national goal clause with "protecting the environment" as the basic task,And the specific legal norms that take "risk prevention" as a constitutive element of administrative actions to form a pattern system that interacts and promotes each other。Stone from other mountains,Can attack jade,On the basis of learning from relevant foreign legal experience,We can take the opportunity to reform the public health legal system and compile environmental codes,First clearly write the bet365 coupon code into the environmental code,And highlight the relevant legal rules of this principle in public health legislation。
Second,Need to find a legal basis for applying this principle。First,Precaution should be legally allowed。Moreover,Legal norms should cover the substantive and procedural conditions that trigger this principle,The former includes risks and their threat of harm,And there is scientific uncertainty as to whether the risk occurs or its causal relationship。The latter points to "Risk Assessment",That is, the assessment of entity conditions needs to be completed through the risk assessment process。Specific to the setting of legislative norms,It can be divided into two steps: the first step,Please refer to French law、European Union Law Practice,Written into law with a “definition”,The "Definition" contains applicable conditional elements。Step 2,Constructing a legal and normative system that distinguishes the binary distinction between "danger" and "risk" from a macro perspective,Using legislative discretion to determine “risk” and “residual risk (shared responsibility) from a micro level”、Allocation of potential harm tolerated)。At the same time,bet365 coupon code can be embodied as authorization、Obligatory rules,Or as a prerequisite for obtaining administrative permission, etc.。
Third,Build a legitimacy control system with external regulation and administrative self-regulation as the core。External regulation requires legislation to play a guiding role,The judiciary exerts its supervisory function。The legislative body focuses on the process of restricting risky administrative decisions with procedural laws,And configure the corresponding program specifications according to the time stage,Risk monitoring in the pre-event stage、Risk Assessment、Risk warning mainly,The mid-event stage focuses on the role of “public participation” and the function of “explaining reasons”,In the post-event stage, the administration is given the obligation to “continuously track” and “dynamically adjust”。Accordingly,Judiciary authorities should pay attention to the process of implementing bet365 coupon code measures,Based on the principle of proportionality、Review whether the measures taken are appropriate based on the principle of equality and other substantive principles,Use the principle of due process as the review standard to determine whether administrative obligations have been fulfilled。In addition,Due to lack of conclusive evidence,The application of the principle of proportionality is difficult to strictly follow the "principle of suitability", "principle of necessity" and "principle of narrow proportionality",Judicial review must be more biased towards judging the process of making administrative decisions,For example, whether risk trade-offs have been made,Have you conducted cost-benefit analysis activities on actions and inactions, etc.。Administrative self-regulation should operate within the authority granted by legislation,And take advantage of administrative flexibility,Concrete the basic provisions of legislation,Establish specific behavioral benchmarks,Under the main promotion of administrative organizations,Improve the establishment of more technical standards and specifications。
The report of the 20th National Congress of the Communist Party of China has clearly pointed out,Improving the level of public security governance,The public security governance model should be promoted to transform into prior bet365 coupon code。It can be said,“bet365 coupon code” has become the benchmark for building a legal system in the security field。Of course,At the moment when the strategy of comprehensively governing the country according to law is implemented,In order to improve the construction of the national security legal system,We must also implement legal control over “bet365 coupon code”,And keep pace with the construction of the aforementioned legal system。
(This article is part bet365 coupon code National Social Science Fund’s major project “Research on Typification and Legislation of Emergency States” (20&ZD175) phased results)
(Author’s unit: bet365 coupon code School of Renmin University of China)
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