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

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.