On The Moderate Expansion Of Danger In Criminal Law

Social changes can’t be determined by human will, which is the ruleof history development. Modern society has entered a high risk society,which is not a controversial fact any more. The theory of risk society hasbeen used to interpret the social transition, and in criminal law it isembodied as the theory of risk criminal law. In our country, it is in aperiod of social transition and various risks which contain the specific riskconsidering the theory of risk society exist at the same time. In criminallaw, especially represented in The Eighth Amendment of Criminal Law, thespread of danger is becoming a trend, which just happens. This papercontains the reflection of the modernization of our criminal law in order toseek the just reason of danger expansion from the aspect of politics,society and law. Also, the limits of this spread are included.Chapter one starts form the theory of Ulrich Beck and includes twocore concepts: risk society and the theory of risk criminal law. It mainlysummarizes the ideas of the theory of risk criminal law, and introduces themeaningful contents to our society research, which is a base to thefollowing.Chapter two sketches the methods of danger spread, which arepenalty ahead of actual offense, amplified interpretation of criminal law,criminal presumption. This chapter is aimed at proving the existence ofdanger spread and indicates the mode of the existence.Chapter three demonstrates the rationality of danger spread from theaspects of politics, law and society. It provides the scientific reason fordanger spread which helps keep the balance between society and lawindependence in criminal law.Chapter four discusses the limits of danger spread in two levels:traditional criminal principles and the political administration. To keep the balance between the low status and the high, the country needs toscientifically respond to people and keep an eye on the necessity of dangerspread to stay ahead of people reasonably.