风险社会的软法治理

The Soft Law Governance in Risk Society

现代社会中风险寓意的改变为我们当下风险社会治理带来了严峻挑战。作为不同于严格国家法的法律视角观,软法以其对公共理性的弘扬、对个体感受的注重、对成文规范的强调分别因应了风险社会下风险的不确定性、主观建构性和显著人为性而在风险治理中形成理论张力。因此,面对风险社会,我们应该注重对软法治理的路径依赖,并通过强调治理规则的开放性、治理过程的透明性和治理程序的协商性来加强风险社会的治理完善。

While the risk society has been coming with the change of the risk conception,the social governance has also face to severe challenge.As a new visual angle of law,soft law has been adapted with the development of the risk society.It could be concluded from three accordance between soft law and risk society which are the enrichment of public rationality with the strong uncertainty of risk,the respect toward individual feel with the subjectivity of risk and the demand for statute law with the man-made feature of risk.Hence,soft law should be respected in the governance of risk society and we can strengthen the openness of rule,the transparency of process and the negotiation of procedure to make the risk social governance more and more perfect.