| With the vigorous development of the precautionary legal system and related practice at the global level, the precautionary principle has gradually evolved into a new form of the rule of law. Based on this change, forms of the rule of law can be divided into the precautionary rule of law and the responsive rule of law. The responsive rule of law takes the ex-post response to legal interest damage as the fundamental consideration while the precautionary rule of law takes the ex-ante prevention of legal interest damage as the fundamental purpose. The precautionary rule of law and the responsive rule of law are not in the relationship of mutual replacement and mutual exclusion, but of long-term coexistence, integration and mutual promotion. The precautionary rule of law in contemporary China is rooted in the native tradition of precautionary governance, which has a long history, and is the product of the interaction among the native tradition, the risk society and the scientific and technological revolution. The precautionary rule of law has greatly expanded the circles of legal power, legal obligation, legal responsibility, and criminal behavior, reconstructed and reshaped the territory of legal regulation, and promoted historic changes in the positioning of legal functions, legal interests protection mode, and types of legal norms. To prevent the risk of abusing precaution and excessive precaution, it is necessary to strengthen the regulation of precautionary regulation, the restriction of precautionary power, and the fair and reasonable setting of precautionary obligations, and build the reflection, evaluation and monitoring mechanism for the precautionary rule of law. |
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