Abstract: The development of food sci-tech is intended to improve the quality and quantity of food， but potential food safety risks are gradually offsetting its positive effects. The assumption of risk， which can effectively disperse risks that cannot be reduced to zero， has gradually penetrated into the existing legal order and seems to be a possible attempt to solve this problem. However， it also faces such problems as the unquantifiability of health damage and the asymmetry of risk decision makers and bearers， etc. In order to realize the assumption of risk as the rule of law for food sci-tech risk tools， it is necessary to break down the sectoral legal barriers between tort law and administrative law， and systematically integrate them with a positive risk view. On the one hand， it should emphasize the presence of the state and build a filtering mechanism based on risk assessment and value balance. On the other hand， by guaranteeing the public's right to participate， the right to know， and the right to choose， spillover risks are dispersed to individuals to achieve “internalization” of risks.

Key words: food sci-tech risk; assumption of risk; risk assessment; value balance