西南石油大学学报(社会科学版) ›› 2019, Vol. 21 ›› Issue (5): 59-64.DOI: 10.11885/j.issn.1674-5094.2019.06.13.03

• POLITICS AND LAW • Previous Articles     Next Articles

Defining Nonfeasance in Risk Warning from the Perspective of Power List

Wang Fang   

  1. Law School, Shandong Normal University, Jinan Shandong, 250358, China
  • Received:2019-06-13 Online:2019-09-01 Published:2019-09-01

Abstract: Scientific definition of nonfeasance in risk warning is the basis of governing risk warning nonfeasance. Compared with the administrative nonfeasance, the academic community pays less attention to the study on the definition of risk warning nonfeasance. Besides, our legislation fails to provide a clear definition. Defining risk warning nonfeasance from the perspective of power list is instrumental in identifying the definition from entity aspects and substantial meaning and in subsuming the procedure nonfeasance. It is sensible to understand and define risk warning nonfeasance from a broad prospective:it involves three states of risk warnings publication-unpublication, incomplete or delayed publication which include both procedure nonfeasance and entity nonfeasance. Taking the concept of legal responsibility in defining risk warning nonfeasance can better reflect the characteristics of risk warning, which corresponds to the current legal stipulation and embodies substantial justice. The connotation and denotation of risk warning can be affected by social changes, national legislation and judicial activities.

Key words: power list, risk warning nonfeasance, unpublication, incomplete publication, delayed publication

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