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公共警告现象孕育于现代风险社会,其制度价值在于以多元社会控制系统的整合以及社会公众的协作性互动,实现行政机关对公共风险进行应急性行政管理的目标。公共警告作为一种新型的行政管理方式,其制度价值值得肯定。然而,由于公共警告在我国尚处于探索阶段,还未成为一种独立的制度,现实中的非制度化发展也引发了诸多问题。为了使公共警告最终成为社会治理领域一种合理的制度安排,有必要从基本原则、程序控权机制以及责任和救济等多方面对公共警告进行制度化设计和法治化规范。
The public warning phenomenon is conceived in the modern risk society. The value of the system lies in the objective of implementing the emergency administration of public risk by the administrative organ through the integration of multiple social control systems and the collaborative interaction of the public. Public warning as a new type of administrative management, the value of the system worthy of recognition. However, since public warnings are still in the exploratory stage in our country and have not yet become an independent system, the actual non-institutionalized development has also caused many problems. In order to make the public warning eventually become a reasonable institutional arrangement in the field of social governance, it is necessary to institutionalize the design and rule of law of the public warning from many aspects, such as the basic principles, the procedure control mechanism, and the responsibilities and remedies.