Increase risks into the vision of social governance law
May 24, 2023 11:02 Source: "China Social Sciences" May 24, 2023 Total 2656 Author: Wang Haiming

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The General Office of the Central Committee of the Communist Party of China、The Opinions on Strengthening Law Education and Law theoretical Studies issued by the General Office of the State Council proposed "Optimization of Law Discipline System",To "accelerate the development of social governance law" and other emerging disciplines。In promoting social governance to the rule of law、In the process of helping the construction of China in rule of law,The risk should be incorporated into the vision of the law of social governance in the new era。

  Risk governance rule of law: contemporary issues of social governance

Risk as a possible future damage in the world of life,It has random emergence、Uncertainty,is the pursuit of certain certainty、Orderal of a objective reality that has to be faced in the construction of the rule of law society。Since the middle of the 20th century,A group of scholars constantly reveal and explain the different sides of the risk of the life world,such as "risk structure", "risk factors", "risk characteristics", "risk mechanism", etc.,The concepts and knowledge about "social risks" and "risk society" have also been continuously described。If risk is an important issue that cannot be avoided in social governance,So risk governance rule of law is the prominent of this issue in contemporary society。

Observe risks from the perspective of law、The inherent prescribed in the risk,Clear、Social appeal of risk governance、System appeal,Cultivation of knowledge about risk governance、meaning,Based on this,System construction of risk governance rule of law can be scientifically guaranteed。It can be said,Increase risks into the vision of social governance law,Scientific promoting risk governance rule of law,It is an indispensable basic premise and important content that realizes bet365 live casino games social governance rule of law。

  Taking Law Observation as a logical starting point

Looking at it overall,Increase risks into the vision of social governance law,Both the needs of national and social development,It is also the need for the construction of the rule of law in the new era and the prosperity of law。Logically,Increase risks into the vision of social governance law,It means that you need to be a cognitive method unique to the law、Starting basic principles,Observe the risk of the life world,Clear risk as a possible harm,It may happen、Space,The scope of the subject that may affect,The border of equity that may be harmful; the subject of the governance of risk governance behavior、Governance procedures、Governance content、Governance procedures、Governance rights and governance obligations,On this basis, consider the standardized construction and system construction required for risk governance rule of law。Incorporate risks into the field of social governance law,Need to consider how to scientifically cognitive and govern objects,You need to consider formulating、Construction of norms and systems that can embed the world of life,That is the dual demand of cognitive and constructive。Incorporate risks into the field of social governance law,In essence, it is a legal reconstruction of "risk governance",Correct the lack of policyization of past risk governance,New method of quenching risk governance rule、New specifications、New System、New program and new mechanism。

In the field of social science,The progress of understanding means the progress of understanding of the cognitive conditions; therefore,This progress requires people to return to the original research object (Budiwa)。This means,Make legal reconstruction of "risk governance",You need to conduct legal observation of "risk"。Social governance law is based on "governance" and "rule of law" as keywords,with a strong "standardization" and bet365 live casino games "constructive"。The reason why risk needs to be included in the field of vision of social governance law,The root cause lies in contemporary society,Many public risks often have "humanization" features,Have a joint、Harm of magnify,Public risk is no longer pure accident or force majeure,Instead, intervention can be performed through specifications、Adjustment and system construction。

Incorporate risk into the vision of social governance law,There are three levels of observation: Observation、Related observation and implementation observation。From the perspective of risk awareness,There is a prescribed ontology that observe risk governance from a historical perspective,Refine the understanding from the historical experience of risk governance、Understand the risk and the intelligence of its governance,Government when solving risks、Society、The public often encounters the problem of lack of risk information。Related Observation,emphasizes the prescribed association of risk governance。Public risk,Its governance is already a coordinated activity,Involved in the government、Market、The power of the diverse subject of society、Rights or rights,Social information、Society of social power and various material guarantees and other system elements coordinated and deployed,Therefore,Need to pay attention to clearing the internal association of risk governance。Implementing observation,It emphasizes that risk governance should be understood as a social behavior with multiple influences,Pay attention to exploring risk governance from the world to enter the standard system、Construction system must have the standardization,Configuration of thinking risk governance power、Legal rights of border and vulnerable groups、Protection of reasonable rights and interests。

  Basic ideas to risk prevention

Risk governance belongs to a risk response unique to human society。Since the middle of the 20th century,Risk governance bet365 best casino games is gradually engaged in post -relief steering prevention and control。This point,You can get a glimpse from two environmental risks。In the 1960s, with "Silent Spring" published,The veil of the "Nobel Prize" on top of DDT is pierced,Although "Silent Spring" is just an undergraduate reading object,Not a judicial survey or court evidence for DDT environmental risk,but,At the end of the year when the book was published,There are more than 40 proposals through legislation or restrictions or prohibiting the use of pesticides。Why do this? The fundamental reason was that the environmental risk that the DDT could cause the DDT at that time was irreversible,Need to intervene in it、Prevent extreme hazards from occurring,Although "Silent Spring" reveals only the preliminary information of potential environmental risks,The necessity and adequacy required by legal evidence cannot be formed。This is a typical manifestation of risk prevention concepts in risk governance actions。"London Fog",The concept of environmental risk governance is different。Typical London mist appeared in the 19th century Industrial Revolution,Due to a large amount of coal -fired, the air is dirty,The London Regulatory Authority has always implemented a limited post -post -event governance,Until the infamous "killer fog",The number of deaths in London at that time was as high as 12,000。After this tragedy,The regulatory authorities can completely abandon the limited post -event governance,Stepping risk before advance prevention,Introduced and strengthened the implementation of the "Clean Air Act",Forbidden use of fuel producing smoke,The administrative instructions of various tobacco control also quickly spread out。After several centuries of London fog,In more than ten years after the concept of governance is turned to risk prevention,Quickly moved to the end。

Within the world,The Bet365 lotto review principle of clarifying the principle of risk prevention for the first time in law was the Swedish "Environmental Protection Law" in 1969; in the same period, German environmental legislation was also based on risk prevention。Scholars San Tan pointed out,The principle of risk prevention obtains a wide range of international support,In fact,For decades,It has always been the main content of risk governance policy。Looking at it overall,The principle of risk prevention obtains legal establishment in contemporary contemporary,It is the historical context that meets the development of the rule of law in risk governance。

From the perspective of the risk governance process,Risk prevention means the focus of risk governance forward,move forward to risk prediction、Identification、Evaluation,Prevention of risk truly reflects the core value of risk governance。The reason why risk governance can engage in remedy for the transfer of remedies to prevent it beforehand,Mainly because of the accelerated development of agency,Human perception、Device that recognizes risks、Tools、The Internet has achieved great development,Risk perception、Risk recognition has occurred huge transition,Through safety guidelines、Determine standards to regulate、Governance methods to adjust social behavior to get fundamental identity。Many contemporary public risks,such as food risk、nuclear radiation risk、Microbial pathogenic risk、"Big Data Killing", "Information Cocoon Room"、AI technology risk, etc.,In the field of risk governance,With varying degrees of recognition,or predictable、or can be warned、or can prevent it。When the development of agency and technology,Fully empower risk recognition、Risk Governance,For prediction、Early warning and preventive risk provides technical support。

From the perspective of the practice of risk governance rule,Risk prevention liability is mainly borne bet365 Play online games by the state,On the one hand,The state needs to invest more manpower、material resources,Improve the subject of governance、Strengthen information supervision,View risk prediction、Risk warning; on the other hand,The state passes the legislation as the market subject、Social Organization、Citizen's individual setting the attention obligation to eliminate risks、Code of behavior,Set restrictions on excluding risks、Forbidden behavior。,It also includes setting a specific diligence obligation to set risk prevention experts、Careful obligation and the attention obligations of the counterpart。For example,To prevent social risks that may cause AI technology,In April 2023, the “Management Measures for Genetic Artificial Intelligence Service (Draft for Solicitation) published by the National Internet Information Office in April 2023 clearly stipulates that the national online information department as an administrative department as a generative artificial intelligence service shall be required; Attention obligations of the provider of artificial intelligence services: Pre -training data for generating artificial intelligence products、The legitimacy of optimizing the source of the training data is responsible; the provider of the provider of the generated artificial intelligence service prohibits behavior: not illegally retained can infer the input information of user identity,Portrait must not be made according to the user's input information and usage.,Do not provide users input information to others。

In short,Incorporate risks into the field of social governance law,Not only requires innovative exploration in legal methods,It is also required for risk governance to manage the practice of rule of law。In practice,This effort needs to take care of the historical steering of risk governance,Strengthen the concept of risk prevention,Constantly improving risks to prevent various subject Bet365 lotto review responsibilities,Actively promote risk prevention and governance rule of law。

  (This article is the National Social Science Fund's annual project "Environmental Guidance on Social Risk and its precision governance research" (19BSH021) phased results)

(Author is a researcher at the Zhejiang Academy of Social Sciences、Lecture professor of Digitalization and Law Research Center of Ningbo University School of Science and Technology)

Editor in charge: Chen Jing
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