Risk Society and State Ruled of Law-focus on legislation of precaution of scientific and technological risk

• Main Authors: Chung-Hsien Lee, 李仲軒
• Other Authors: 李建良
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/95110647527839498892

碩士 === 國立臺灣大學 === 法律學研究所 === 95 === The point this essay attempts to argue is that, in the face of the risk society formed by scientific and technological reason, the nation has the ability to prevent risk but meanwhile would not violate the principle of rule of law. The suggestion of this essay is to carry out risk assessment based on risk reason by the Commission of scientific and technological risk assessment. First of all, the commission should form an acceptable common imagination of the uncertainty to the future based on scientific common sense to reduce the impact of risk uncertainty brought toward human society. Secondly, it should choose a strategy of risk management on the basis of the acceptable common imagination mentioned above as to the risk which still could not be prevented. The risk-reason-based deliberative procedure of risk assessment is better than the traditional procedure to strengthen social connection and combination. It can tolerate more impact of the risk as well. Thus the risk-reason-based deliberative procedure of risk assessment is by far the best model of risk assessment to prevent risk, because the key point of risk assessment is its social meaning as one signal but not its concrete conclusions, so it is not necessary to execute assessment results by force. Therefore, this regulation would not violate the principle of political accountability, principle of separating power and the freedom of research as a fundamental right.