Judicial Response to Ecological Environment Risk in China—From the Perspective of Social Systems Theory

Tian Sang, Peng Liu () and Liang Zhao ()
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Tian Sang: KoGuan Law School, Shanghai Jiao Tong University, Shanghai 200030, China
Peng Liu: Intellectual Property Law and Policy Institute, East China University of Political Science and Law, Shanghai 200042, China
Liang Zhao: School of Tourism, Hubei University, Wuhan 430000, China

IJERPH, 2022, vol. 19, issue 21, 1-13

Abstract: In modern society, law is one of the most important means of risk prevention and control. Under the challenge of ecological and environmental risks, China’s legal governance experience provides important historical experience and theoretical samples for other countries. Faced with problems, such as the difficulty of eliminating risks, risk decisions themselves bring risks, and the huge social cost of risk response, the social system theory can provide novel and new ideas for the cognition and response of environmental risks. Combining the experience of judicial practice with social theory, especially Niklas Luhmann’s doctrine of the risk/danger dichotomy, a clearer functional orientation can be given to judicial powers based on risk communication and risk attribution. By reviewing the ecological judicial practices in China, Germany, and other countries, the role of the legal system in stabilizing the normative expectations of the whole of society can be summarized, which will provide a reference for the risk response and legal governance of the global ecological environment.

Keywords: legal governance; ecological environment risk; risk society; social systems theory; Niklas Luhmann (search for similar items in EconPapers)
JEL-codes: I I1 I3 Q Q5 (search for similar items in EconPapers)
Date: 2022
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (2)

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