我国科技风险议题设置的行政法反思

科技风险议题设置是科技风险规制活动的起始，关涉科技风险规制资源投入方向与力度，影响特定行政相对人的权利损益。现行行政主导型科技风险议题设置模式存在与依法行政、行政公正及权责一致原则相抵触的法治危机。风险认知因素、政治因素与法制因素成为科技风险议题设置模式法治危机的根源与内在作用力。我国科技风险议题设置的行政法规制可在考察美国与欧盟科技风险议题设置法律规定与实践的基础上，结合我国实际，重塑规制科技风险议题设置的理念基础，重构科技风险议题设置法制的基本原则，建构风险议题设置法制的主体性制度。

Reflection on the Administrative Law of Setting up the Topic of Scientific and Technological Risk in China

The topic setting of scientific and technological risks is the beginning of regulatory activities of scientific and technological risks. It concerns the direction and intensity of the input of regulatory resources of scientific and technological risks, and affects the rights and interests of the specific administrative counterpart. The current administrative led model of scientific and technological risk has the rule of law crisis, which is contrary to the principle of administrative according to law, administrative justice and the principle of consistent rights and responsibilities. Risk perception factors, political factors and legal factors become the source of the scientific and technological risk issue model, the crisis of the rule of law and its internal forces. Based on the practice of the law and administrative regulations set in China's science and technology risk issues can be set up in the United States and the European Union on science and technology risk issues, combining the reality of our country, based on the philosophy of law is reshaping the regulation of science and technology risk issues, system of subjectivity reconstruction technology risk agenda setting method and the basic principles of construction risk agenda setting method.