General Secretary Xi Jinping pointed out in the report of the 20th National Congress of the Party: "my country's development has entered strategic opportunities and risk challenges、Unsure that it is difficult to predict the increase of factors，All kinds of ‘Black Swan’、‘Gray Rhino’ incident may occur at any time。We must strengthen the consciousness of worry，Persist in the bottom line thinking，To be safe and dangerous、Follow -ups，Great test of being prepared to survive the wind and waves and even the stormy waves。"" This deeply clarifies the significance of preventing and resolving major risks in maintaining national security and social stability。As far as the rule of law is concerned，The target of administrative intervention of traditional order is limited to known dangers or actual harm，The corresponding institutional theory cannot cope with risks in advance，The principle of risk prevention as a tool for risk management，Make up in the case of scientific uncertainty，Insufficient deficiencies of administrative pre -prevention precautions。but but，If you want to give full play to the applicable value of the principle of risk prevention，Cannot pay attention to the function of the principle of risk prevention at the macro level，It should also be returned to the soil that governs the country according to law to explore the road of rule of law。

It one，The positioning of the principle of risk prevention in the law order needs to be clarified。At the legal level，The principle of risk prevention should be applied to the premise that it will be legalized by the necessity of preventive operations，and its legal positioning will directly affect the standard effect of the principle and the difference in the design of the standard system。From the current legal system in my country，Use the principle of risk bet365 Play online games prevention to deal with the environment、The positioning of health risks in rule of law is still unclear。Although constitutional terms such as "ecological civilization", "national respect and protection of human rights", "national protection of rational use of natural resources", "national protection and improvement of living environment and ecological environment" can be used from the perspective of subjective rights and mission goals, the country's risks can be described as the country's risks Prevention obligation，Public Health、Emergency、Food Safety、Environmental Protection and other departments have also appeared in risk assessment、Disposal specifications of risk management，where，"Biological Safety Law" also regards "risk prevention" as a principle of biological safety prevention and control，But this can only show that my country has widely recognized the concept of risk prevention，It has not established the status of this principle in the general sense。

Its two，Application conditions for the principle of risk prevention need to be defined。Whether it is an administrative organs or a judiciary，Nothing has the right to directly restrict the basic rights of citizens or self -proclaimed prevention measures on the grounds of risk prevention.，That is to say，It must have clear intervention authorization regulations in law，Otherwise, the principle of prevention cannot be applicable。other，The strong version of the risk prevention principle represented by the "Winnsblaide Statement" and "The Declaration of Rio Environment and Development"，It also revealed other conditions applicable to this principle，The scope of risk regulation, as well as scientific uncertainty in risk behavior and risk.。The former has differences in the determination of the strong version，Strong version prevention principle Requires to prevent all damage threats，and the weak version limited the scope of risk regulation on the potential threat of "serious" or "irreversible" the human health and bet365 live casino games environment; the latter belongs to the common content of the strong version。Differences based on legal culture，Application of the principle of risk prevention existing different countries，Under what conditions are applicable、What are the applicable strength，All are related to the acceptable risk level of a country。The determination of acceptable risk level belongs to the value judgment of the legislators，Usually objects with risk regulations、Settings of risk thresholds and other specifications to present，If you violate the acceptable risk level，It may cause the possibility of the principle of applicable risk prevention。Although my country already has "technical standards", the "acceptable risk level" system，But because of the lack of "risk" and "danger" settings in the legal level，There is no legal definition of this principle，Naturally, the dilemma of "inaccessible" in the process of risk regulation。

Its three，The legitimacy control system for risk prevention must be constructed。Application of the principle of risk prevention is two sides of，While the state protects collective security or take care of the interests of future generations，It will inevitably invade the individual's personal freedom or economic rights，According to the state's protection of basic rights，It is necessary to conduct legal rational regulations on the behavior of restricting basic rights。But，The 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 be more obvious，In the standard setting of regulatory risks in the case of regulatory risks，The traditional norm mode of "conditions -legal consequences" will be diluted，"Legal Authorization" mode gradually becomes universal，The functional status of the soft method has risen，Correspondingly，Legal specifications for controlling risk prevention should make up for the deficiencies in the physical bet365 live casino games law as much as possible。Of course，Principles and equality principles should still be applicable to restrictions on preventive measures，Just，Compared with traditional applications，Application of the proportion principle will have new adjustments。

For the environment、Proper response to health risks，Can't get rid of the orbit that governs the country according to law，The reasonable application of the principle of risk prevention needs to be surrounded by the principle of rule of law，Improve the construction of risk prevention legal system，Make this principle run healthy on the track of rule of law。

First，Combined with my country's current development stage and existing legislative accumulation，Or the status of the principle of risk prevention from departmental law。If the constitutionalization of this principle directly，It means that the absolute priority of protecting the environment from the constitutional level，This kind of environmental idealism is to implement innovation with my country's current stage、Coordination、Green、Open、The new development concept of sharing runs "。If you want to find the reasonable positioning of this principle in the socialist legal system with Chinese characteristics，Legislators should give priority to balance、Coordinate the relationship between "innovation development" and "prevent risk"。More，The outline of this principle is not clear，Related applicable theories are still being explored，Directly "one step in place" into the constitution，The step is too big，May wish to treat it with the idea of ​​"step by step"。From the perspective of historical changes，The principle of risk prevention originated from the German Environment Law，and then expand into an important part of the principle of international environmental law，In the scope of application，Gradually penetrated into public health、Food Safety and Health Field; From the perspective of domestic legal practice，Systemic legal rules that lack risk prevention，and "the basic principles of the Bet365 app download China Environmental Law include the principle of risk prevention" only stay at the theoretical general level，Food Safety、There are similar situations in the field of public health protection; from the perspective of comparative methods，German law regards this principle as one of the basic principles of environmental law，and the national target terms with the basic task of "protecting the environment"，and the specific legal specifications that use "risk prevention" as an administrative act to form a pattern system that affects each other。Stone of his mountain，You can attack jade，On the basis of drawing relevant foreign law experience my country，The opportunity to reform the rule of law and compile environmental codes can be used，The principle of risk prevention is clearly written into the environmental code，and the relevant legal rules of this principle in public health legislation。

2，You need to find the behavior of the principle of this principle based on。First，Preventive prevention should be legally allowed。More，Legal specifications should cover the physical conditions and procedure conditions that start this principle，The former includes risk and the degree of damage threats，whether the risk occurs or its causal relationship is scientific uncertainty。The latter points to "Risk Assessment"，That is to complete the evaluation of physical conditions through risk assessment procedures。Specific settings of legislative specifications，can be divided into two steps: the first step，You can refer to France France、EU law's approach，Write into the law with a "definition" method，"Definition" in the applicable conditions for the applicable conditions。Step 2，Constructing the "danger" and "risk" dual -distinguished laws structure system from macro perspective，Micro -micro use of legislative tailoring to determine "risk" and "surplus risk (jointly bear、Potential damage to tolerance) ""。At the same time，The risk prevention can be specific into authorization、Bet365 lotto review Volunteer Rules，or as a prerequisite for obtaining administrative licenses, etc.。

third，Build a legitimate control system with external regulation and administrative self -regulation as the core。External regulation must legislate to play a guidance，Judicial Supervision functions。The process of the legislative agency concentrated on the process of restricting the risk administrative decision by procedure law，and configure the corresponding program specifications according to the time stage，Early stages of risk monitoring、Risk assessment、Risk early warning，In the middle stage, focusing on the role of "public participation" and the function of "explanation reason"，Afterwards, the obligation of administrative "continuous tracking" and "dynamic adjustment" is given to administrative administration。Correspondingly，Judicial organs should pay attention to the implementation of risk prevention measures，Proportion principle、Equality Principles and other physical principles to review the measures adopted appropriately，Judging whether the administrative obligations are fulfilled with the principle of legitimate procedure as the review standard。other，Evidence due to lack of conclusions，The application of the comparison principle is difficult to strictly expand in accordance with the "adaptability principle", "necessity principle", "narrow proportion principle"，Judicial review must be more oriented to judge the process of judging the administrative decision，For example, have you weighing risk，Whether to carry out cost -income analysis activities on action and non -action。Administrative self -regulation should be activated in the authority granted by legislation，Advantages of administrative flexibility，Specifically the basic regulations of legislation，Create specific behavioral benchmark，Under the main force of the administrative organization，Improve the establishment of more technical standards and specifications。

The 20th report of the bet365 best casino games Party has clearly pointed out，Improve the level of public safety governance，The public safety governance model should be promoted to prevent transformation from beforehand。It can be said，"Prevention" has become a weathervane for building a legal system in the safety field。Of course，At the moment when implementing a strategy of governing the country in accordance with the law，To improve the construction of the national security rule of law，Also realize the legal control of "pre -prevention"，and constructing the aforementioned legal system to drive together。

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(Author Unit: School of Law of Renmin University of China)