Risk Administrative Procedure Law Research

From the perspective of comparative law,the toughness and development of the administrative procedure law is complementary to the transformation of the administrative state task.With the advent of modern risk society,the task of the administrative state has gradually shifted from welfare administration to risk administration.In China,the “SARS”incident that swept across the country in 2003 marked the rise of risk administration.Faced with this new administrative form,the methods of legal reservation,proportionality,judicial review and other methods of control advocated by traditional administrative law are challenged,and risk administration faces a serious crisis of legitimacy.As a result,China's administrative law is facing major reforms.When the new administrative form of risk administration is standardized by an emerging administrative law,the administrative procedure law should play a key role in it.Because the entity has to give the government powerful power,the program control is particularly important.At the same time,it is because the program effectively makes other systems in administrative law become a reality.Therefore,this paper aims to solve the legality crisis faced by risk administration in China by aiming at the construction of risk administrative procedure law.The first chapter explains the logical starting point of the construction of the risk administrative procedure law.Scientifically establishing the logical starting point for the construction of the risk administrative procedure law helps to highlight the independent value of the risk administrative procedure law,and also helps to clarify the difficult problems to be solved in the construction of the risk administrative procedure law.The risk administrative procedure law should start with its core functions and solve the two problems of knowledge poverty and value conflict encountered in risk administration.The second chapter expounds the connotation and basic principles of the risk administrative procedure law.The basic meaning of the risk administrative procedure law is: a structured process of obtaining and processing risk information by the risk administrative participants,with the purpose of obtaining and processing various types of information about the risks for the participating entities in a legalized manner.It appears as a network,star,or cobweb state,and the corresponding administrative mode is “new governance administration”;it is based on various public policies governing modern risks,and realizes the legitimacy of the risk administrative process itself.For the post.The basic principles of the risk administrative procedure law include the precautionary principle,the democratic principle,and the scientific principle.The third chapter describes the basic structure of the risk administrative procedure law.The risk administrative procedure law,which is based on the public policy of governance risk,determines that its basic structure is different from the traditional administrative procedure law.It is a process of internal and internal perspectives to resolve the problem of knowledge poverty and value conflicts in risk management.It is to standardize the formation of risk issues,risk analysis,risk management,evaluation risk management and risk communication.The fourth chapter describes the main system of the risk administrative procedure law.The core function of the risk administrative procedure law ultimately requires the effective implementation of the legal system.Specifically,it includes five systems: the first system is a cooperation system,which analyzes and clarifies the parties and essence of the cooperation system,the principles,specific methods,procedures closed standards,and the scope of application and the legal status of the parties involved in the cooperation.The second system is a public statement reason system,which analyzes and clarifies its meaning,main functions,main features and the normative focus of the risk administrative procedure law.The third system is a temporary system,which analyzes and clarifies its scope of application and main institutional forms.The fourth system is the information system,which analyzes and clarifies its definition,scope of disclosure,degree of openness,method of disclosure,and relationship with confidentiality.The fifth system is an expert system that analyzes and clarifies procedures for selection of experts,declarations of interest and avoidance,self-censorship,external peer review,and dispute resolution between experts.