On The Abstract Potential Damage Offense In Risk Criminal Law

Since the 20th century,along with various countries industrialization and modernization process's quickening,the risk has become the key character of the modern society。In the risk society,the significant social risks become the impetus criminal law standard and the criminal law theory development important external factor,the abstract danger violates the risk inspection tool which harms as the guard significant society occurs widely to apply,the risk criminal law theory's functionality value obtains the widespread approval。Although in our country criminal law has the abstract dangerous commit to set up the legal regulation,but along with our country modernization process's unceasing quickening, the social risks emerges one after another incessantly,violated the legislation as the risk regulation method's abstract danger already obviously to lag。This article plans take the German risk society theory as a background,in makes the brief discrimination to the related foundation concept in the foundation,"violates the validity——restrictive——feasibility by the abstract danger"to launch the elaboration as the paper basic narrow path:The first part mainly introduced that the German risk society theory to the traditional criminal law theory's influence, the expansion which violates through the abstract danger is suitable,although harms the behavior the criminal punishment scope to expand truthfully to has not had the solid evil,but possibly has the harm behavior,realizes to the law profit distribution protection。The second part of main introduction abstract danger violates general theory。This part the first concept which violates to the abstract danger makes the limits,the important classification which with the concrete danger next the analysis abstract danger violates violates separation this danger which violates,elaborates the abstract danger to violate the suitable validity foundation once more,finally elaborates the abstract danger to violate the suitable restrictive foundation。 The third part mainly elaborates the legislative suggestion which in the Chinese criminal law the abstract danger violates。This part first briefly introduces in the Chinese criminal law the abstract danger to violate the legislative example,then further analyzes legislative flaw,finally unifies our country transportation realistic condition to put forward the dangerous driving crime legislation proposal。...