论风险社会中的法律责任制度变革——传统部门法的内部修正与经济法的责任拓展

On the Revolution of Legal Liability System in Risky Society——Interior Amendment of Traditional Department Law and Extension of Liability of Economic Law

风险社会对传统法律责任体系提出了挑战,风险社会中呈现出一种责任伦理困境。为应对挑战,传统部门法都在试图拓展其责任形态,但仍然难以满足风险社会的责任制度需求,经济法的产生及其责任制度的拓展是应对风险社会挑战的另一种选择。经济法领域出现的传统法律责任体系难以包含或解释的责任形态表明,无论是把经济法作为一个新的法律领域,还是将其视作一种法律思想方法在各个领域的适用,它对于传统法律责任体系的冲击、解构与重构是客观存在的。

There are comprehensive challenges for traditional liability system in a risky society, which results into an ethic dilemma of responsibility. In order to copy with the challenges, the traditional department laws have been trying to expand their liability system, but it is still difficult to meet the demand for responsibility system in the risky society. The economic law with its expanded liability system offers another way to deal with these challenges. Whether the economic law will be treated as a new field or as a legal thought used in different fields, the forms of responsibility covered by the economic law that the traditional legal responsibility system fails to involve and inter- pret indicate that the economic law objectively impacts, deconstructs and reconstructs the traditional legal liability system.