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根据风险社会理论,全球进入了风险社会,风险社会中风险发生了不同于传统社会的种种变化,并因此对业已建立的法律制度提出了挑战。这些变化是什么,对现行法律制度形成了哪些挑战,都是值得分析的问题。风险是否发生的不确定性导致立法的无作为。此外,风险社会下,司法机关面对的一个困境就是无法可依。因为立法机关在风险面前的无作为,很可能导致一些因为风险转化为危机之后提起的诉讼,司法机关在审判时,发现此等诉讼在立法上完全没有规定或者规定已经过时。
According to the theory of risk society, the whole world has entered into a risk society. The risks in the risk society have taken different changes from those of the traditional society and thus pose challenges to the established legal system. What these changes are and what are the challenges to the existing legal system are all issues worth analyzing. Uncertainties about the risks that lead to the inaction of legislation. In addition, under the risk society, a predicament faced by the judiciary can not be controlled. Because the inaction of the legislature on the risk front is likely to lead to some lawsuits brought about after the risk is turned into a crisis, the judiciary found at trial that there was no legislation in its entirety or that the law was outdated.