Government Regulation on Public Risk: Explanation and Comment

Abstract: In modern society, there exist many public risks and also a great number of government regulations directing at these public risks. How to understand public risks serves as the logic beginning for the justification of government regulation. Different from private risks that arise from one party’s intention or fault, public risks essentially refer to acts that are conducive to reducing risks while increasing public welfare. They have nothing to do with morality. However, once a public risk results in an accident, it will cause great harm to society. How to control public risks has already become a major challenge we have to face today. Because of technical restraints, traditional law of tort has failed to deal with public risks. Government regulation is playing a more and more important role in modern society. With government’s role increased, the legal system that protects individual rights through subsequent compensation for damages has gradually given way to government regulation taking safety as its top priority on the basis of rule of entry, industrial standards and information disclosure. Moreover, the key of this new system no longer focuses on individual-case-oriented realization of justice, but on reducing risks as a whole.

Key Words: Private Risk, Public Risk, Government Regulation, Tort Law

Government Regulation on Public Risk.pdf