Concept Of The Danger In Criminal Law

Danger in criminal law, as a basic theoretical issue in normative criminal law, always attracts enough attentions from the native and foreign scholars, different theories about it are massive and disagree with each other. The phenomenon reflects that the issue is profound and the criminal theories are abundant and extensive. But the related theories are so complicated and confusing as to make troubles and confusions to judicial practice, and the condition is disadvantage to construct and develop the criminal subject. This article puts forward the classification of"danger of theoretical assumption—normative danger"through the analysis of classification related to criminal law, furthermore under the classification frame, the author briefly analyzes the danger of attempted offense, contents and judgment structures between the danger of abstract offense and concrete offense, hence put forward his own opinions and hope that the article can contribute to the research on danger in criminal law and judicial practice. The article consists of three parts:Ⅰ. Analysis on the meaning and concept of dangerIn this part, the author clarifies the meaning of danger, briefly analyzes the similarities and difference between the danger of social harm and the danger of potential damage offense.Ⅱ. Two classifications of danger in criminal lawIn this part, the author mainly discusses two classifications of"the danger of actor—the danger of act"and"the danger of concrete damage offense—the danger of abstract damage offense", and constructively put...