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作为一种新型的政府规制手段,公共警告既能满足风险社会里公众的安全信息需求,又能成为行政机关有效促进法律实施的惩罚(制裁)手段。但是由于法律定位的模糊、制度性规范缺失等原因,致使公共警告在我国的运用呈现杂乱无序的格局,公民的合法权益面临被行政权随时侵害的危险。为此,应当在厘定公共警告性质的基础上,从立法完善、权力规制、程序规范、救济实现等方面对公共警告进行制度化设计和法治化规范。
As a new type of government regulation means, public warning not only can meet the public safety information needs in risk society, but also can be the punishment (sanction) means for the administrative agencies to effectively promote the law. However, due to the obscure legal position and the lack of institutional norms, public warnings are used disorderly in our country. The legitimate rights and interests of citizens are at risk of being violated by the executive power at any time. Therefore, on the basis of determining the nature of public warnings, public warnings should be systematized and regulated by law from such aspects as legislative improvement, power regulation, procedural norms and the realization of relief.