A Study On The Supervision Mechanism Of Social Risk In Mega-cities From The Perspective Of Administrative Law

At present,the research on the social risk supervision of the mega-cities mainly focuses on sociology,management and other disciplines.In this paper,taking the administrative law as the angle of view,taking the major social risks faced by China’s mega-cities as the background,taking the mechanisms of the prevention,monitoring,disposal and harm recovery of the social risk of the mega-cities as the research objects,in-depth analyses the crisis of legitimacy of the mega-cities’ social risk regulatory mechanisms,summarizes the experience and lessons of the social risk supervision mechanisms of the mega-cities of foreign countries and optimizes the legal path of the social risk supervision mechanism of the mega-cities in china.The study of the social risk supervision mechanism of the mega-cities from the angle of administrative law can help to improve the governance system of the social risk supervision in the mega-cities,can help to improve and develop the basic theory of the administrative power of the social risk supervision of the mega-cities,can help to enrich the administrative governance theory of the mega-cities’ social risk,can help the metropolitan government to effectively supervise the social risks and to ensure the harmony and stability of the mega-cities,and also help to protect the legitimate rights and interests of the citizens and social organizations.Mega-cities social risk refers to,in the process of urban modernization,the possibility of social damages,due to the interaction of many factors,such as the politics,economy,culture,population,ect.contained by the mega-cities.Mega-cities social risk has the features of high frequency coverage,serious harm,the trend of internationalization and the complex.The social risk of the mega-cities contains the political risk,the security risk,the fear of violent social stability risk,the social security risk,the public safety risk,the livelihood security risk,the network security risk,the risk of natural disasters.The supervision mechanism of social risk of the mega-cities is a compound risk governance mechanism,which is dominated by the government and participated by both the market and the public.It is based on the occurrence and development cycle of social risks of the mega-cities,with different stages and different types of supervision mechanisms.The essence of the institutionalized of social risk supervision mechanism of themega-cities is the normalization and standardization of regulatory mechanism,is the priority of the provision of administrative power,and is to emphasize the protection of civil rights,is to clear the scope of authority and is to clear risk supervision procedures.The construction of the social risk supervision mechanisms of the mega-cities should be based on the theory of risk society,process optimization theory,holistic governance theory,and the theory of the assortments,the classifications and the periodizations of the emergency affairs.To optimize the legal system of the social risk supervision mechanisms of mega-cities,it should be based on the theory of public interest,the theory of departmental interests,the comprehensive control theory and the principle of administrative process.The various mechanisms of the social risk prevention stage of mega-cities,namely the investigation,registration and identification mechanism of the risk sources,the communication mechanism of risk information,the risk assessment mechanism,the risk planning mechanism,the risk emergency mobilization mechanism and the material guarantee mechanism have many deficiencies.We can learn from the experience of the social risk prevention mechanisms and its legal system of Tokyo,California and New York.In order to optimize the legal system of social risk prevention mechanism of the mega-cities,we must follow the principle of administration according to law,respecting and guaranteeing of human rights,the principle of proportionality,the principle of efficiency,and the principle of coordination.The general idea of optimization is to insist on holistic governance,to mobilize the active participation of all parties,to use the theory of administrative process,to take the administrative responsibility system as a means to urge all departments to take an active role,to focus on the differentiated management of social risk in mega-cities.The specific paths of optimization contain adjusting or regulating the investigation,registration and identification mechanism of the risk sources,the communication mechanism of risk information,the risk assessment mechanism,the risk planning mechanism,the risk emergency mobilization mechanism and the material safeguard mechanism and other aspects.The mechanisms of the social risk monitoring phase of the mega-cities,namely,the interconnection mechanism of risk information,the risk information reporting mechanism,the risk intelligence cooperation mechanism and the periodic review mechanism have many deficiencies.We can learn from or absorb the experience and lessons of the social risk monitoring mechanisms and its legal system in such mega-cities as the United States,New York,London,Singapore,and Japan and Tokyo.In order to optimize the monitoring mechanisms of social risks in the mega-cities,we need to follow the principles of timeliness,accuracy,comprehensiveness,and the dynamic principle and the scientific principle.The general idea of optimization is to establish and perfect the infrastructure and platform suitable for risk monitoring,standardize the process of risk monitoring mechanism,and lower the focus of monitoring and early warning.The concrete path of the optimization includes the interconnection mechanism of regulating or adjusting the risk information,the submitting mechanism of risk information,the cooperation mechanism of risk information,the mechanism of periodical review and so on.The social risk management mechanism of the mega-cities,namely,the risk management linkage mechanism and the administrative emergency response measures have many deficiencies.We can learn from or absorb the experience and lessons of the social risk management mechanism and its legal system in such mega-cities asNew York,Tokyo,Singapore and London.In order to optimize the legal system of social risk management mechanism ofthe mega-cities,we should focus on the main line of rule by law,and optimizing the risk management linkage mechanism as the starting point and strengthening the administrative emergency measures mechanism as the support.The recovery stage mechanisms of the social risk consequences of the mega-cities,namely,the rehabilitation mechanism,the investigation and evaluation mechanism,the relief compensation mechanism,the planning and reconstruction mechanism and the psychological comfort mechanism,have many deficiencies.We can learn or learn from hurricane Katrina recovery mechanism and legal system of the United States,and the Great Hanshin earthquake recovery mechanism and the legal system or lessons of Janpaese.The legal system of optimization of the mega-cities’ social risk consequences recovery mechanisms should follow the principle of people-oriented,the principle of adhering to the unified leadership,the principle of territoriality,the principle of adhering to the law norms,the principle of strengthening the management principles,the principle of adhering to the quality and efficiency,the principle of public participation,ect.The general idea of optimization is to set up the recovery team,develop and launch a recovery plan and a total disaster recovery concept.The specific path of optimization covers the rehabilitation mechanism,the investigation and evaluation mechanism,the rescue compensation mechanism,the planning and reconstruction mechanism and the psychological comfort mechanism.