公共警告行为的法治化研究-宪法学与行政法学专业论文.docx

II II Abstract Under the background of a risk society, information society and service government, public warning has been applied to many administrative areas as of a new type of government regulation, especially the health, food, medicines, the product quality and so on, which are closely related to peoples lives. The public warning behavior take the theoretical basis on the theory of the right to know and the concept of administrative services. It surpasses the traditional forms of administrative action to have characteristics with variability, flexibility, creativity, guide etc. The public warning behavior can play a dual function of the warning and risk prevention, deterrence and punishment, so that the administrative organs are able to realize the administrative goal flexibly and highly effectively, and thus favored . The public warning behavior which takes the unspecific social public as the object is made to safeguard the public interest, rather than focus on the realization of the punishment effect , has the means - oriented non-mandatory, and does not produce the direct legal effects, locates generally in the administrative fact behavior in the nature. For this reason, the current public warning behavior has the system flaw in substantive law regulation, behavior procedure and the right to relief. The absence of legal regulation makes the public warning power be easy to be abused, and citizens legitimate rights and interests face the risk of infringement by the executive power. Therefore, it is an imminent important topic to improve the public warning behaviors related system, so that the public warning power operate correctly in the track of Administrative Law. For that reason, this article combs the theory and practice operation of the public warning behavior of our country systematically and take it as a foundation, and learns from foreign mature experience, take the legal retention principle, the proportion principle, the right procedure principle as t