A Study On The Legislation Of China 's Criminal Law From The Perspective Of Risk Society

In order to deal with the condition of the high risk incidents, Criminal law should make a difference as the most important line of social defense.In front of people’s growing strong appeal for security, Criminal law can be appropriately by punishment afterwards to advance prevention, to achieve the protection of social relations more comprehensive.This article bases on a great perspective of risk society, the criminal law legislation dealing with the analysis and argument.This article is divided into six parts, the text is divided into four chapters:Preface part with frequent sudden event risk in modern society as the breakthrough point, combined with the reality of our country, which leads to the criminal law can play a role in risk prevention, and put forward in the practice of the criminal law legislation is responding to some risk prevention.The first chapter firstly introduces the risk society and its characteristics and clarifies the definition of risk society. The article narrates the origin and development of the risk society theory, and introduces the theory of risk society theory development of the criminal law.The second chapter firstly analyses the shortcomings of traditional criminal law theory in the perspective of risk society. Then, this paper introduces the our country academic circles for criminal law to deal with risk society are two different standpoint. Under the perspective of risk society theory,the article carries on the value analysis of criminal law development.The third chapter puts forward the perspective of risk society, the criminal law legislation in addition to legislation should follow a consistent big principle, also should pay attention to follow the four principles.The fourth chapter examines our country criminal law legislation in the aspect of reality has made the responses with the perspective of risk society. The article has been clear about the direction of the perfection of criminal law legislation in China, put forward specific legislative idea, for the legislation of criminal law further straighten out ideas to adapt to the social development.The epilogue reiterated the criminal law should legislate to adjust, to play the role of risk prevention.