Localization Of The Risk Criminal Law Theory

With social development, we have marched into the risk society which was described by Germany sociologist Beck, characteristic of multi-dimensional object of the criminal and non-individual legal interest expand,most importantly,new crime type as amendments to criminal law, including environment crime, gene crime, corporate crime, and so on.In the risk society, the risk of criminal law in the core criminal justice system through regulatory action, in violation of the norms the risk, to expand the crime ring, the way of punishment risk offenders (abstract Perilous) to achieve a positive general preventive purpose of the penalty, moreearlier, more comprehensive protection of legal interests. Faced with the risk of difficulties of the traditional criminal law, combing through the history of the related concepts to clarify and doctrine, the binary behavior of worthlessness and the risk of criminal law is closely linked to risk the inevitable tendency of the criminal law; positive general prevention theory coincide risk of criminal law advocacy, goal to pursuer and the risk of criminal law, the risk of criminal law ontological basis, the reality according to policy. Combined with the latest legislative practice, sufficient to show that China’s criminal law to accommodate the possible risk of criminal law and the risk of criminal law must comply with the future development trend of China’s criminal law. Combined with the present reality conditions of the Criminal Law should be retained as the center of the criminal justice system, the result of guilty to gradually absorb the risk of criminal law system, the risk of criminal law and actively participate in China’s criminal justice system, the use of traditional criminal law and the risk of criminal law co-exist, the axis to the traditional criminal law heart, the risk of criminal law as asupplement to build the system of norms of criminal law.