| A "risk society" refers to a society in which human risks arise as the result of creative activities carried out by human beings using science and technology, and in which human risks are the main factors affecting life, survival and development of the mankind. How to mitigate and distribute risks and damages has become the core issue in such a society. Most of the large-scale damages in a risk society are massive public damages of the nature of accident or of accumulative nature. The tort law mainly deals with infringements of private interests by private persons. Its main function is to compensate victims, and its operation depends on the certainty, finiteness, measurability, predictability, controllability and privacy of damages. The damages of risk, with its uncertainty, infinity, immeasurability, unpredictability, uncontrollability and the social public nature, subverts the above conditions and therefore should be mainly prevented in advance by regulatory law. Regulatory law prevents the infringements of public interests by private persons by using prevention in advance as the main tool and post responsibility as a supplement. The essence of liability of regulatory law is the sharing of the cost of risk in accordance with the principles of social sharing, effective sharing, and balanced sharing, and the principle of prevention first. The responsibility system of regulatory law consists of the responsibility of prevention and the responsibility of remedy. The sharing mechanism of the system of preventative responsibility consists of sharing of responsibility in the making of rules and sharing of responsibility in the implementation of rules. The responsibility of remedy varies from one type of damage to another. |
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