现代社会存在着诸多公共风险,也存在着诸多针对公共风险的政府规制。如何理解公共风险,这是政府规制成立的逻辑起点。与私人风险是由一方的故意或者过失而引起的不同,公共风险在本质上是一种与道德无涉且在功能上有利于减少风险和增进公共福祉的行为。但是一旦从风险变成事故,公共风险却会对社会造成极大损害。如何治理公共风险?业已成为我们所要面对的重要课题。传统的侵权法由于技术上的局限,已经不胜任对公共风险的治理。政府规制在现代社会中发挥了越来越多的作用。当政府介入公共风险的治理之后,原先通过事后损害赔偿来保护个人权利的法律制度逐步让位于通过准入、标准和信息披露等构筑起来的以安全为目的的政府规制,而且这种制度的核心也不再是着眼于个案式的正义实现,而是为了减少整体风险。 There are many public risks in modern society, there are many government regulations for public risk. How to understand public risk is the logical starting point for the establishment of government regulation. Unlike private risk, which is caused by the willfulness or negligence of one party, public risk is essentially an ethically non-consensual and functionally beneficial act of reducing risk and improving public well-being. However, once the risk becomes an accident, public risk will cause great harm to society. How to manage public risk has become an important issue that we must face. Because of the technical limitation, the traditional tort law is not competent to control public risk. Government regulation has played an increasing role in modern society. After the government intervened in the governance of public risk, the legal system originally used to protect individual rights through damages in the event of graduation landed on the security-oriented government regulation that was established through access, standards and information disclosure, etc. The core is no longer focused on case-by-case justice, but to reduce overall risk.