The Preliminary Study Of Abstract Dangerous Criminals

Abstract dangerous criminal as a special form of crime hasalways been valued by the criminal law field. The theory ofabstract of Perilous abroad experienced a shift from thetraditional criminal law to the risk of criminal law, theabstract Dangerous Criminals in the traditional criminal lawbased on the interpretation of "abstract danger", thinkabstract of Perilous The punishment is that the behavior of thelegal interests of abstract danger ". But abstract DangerousCriminals special constituents and punishment has beenquestioned by many people in the judicial application ofscholars from various countries and ultimately did not find agood empirical research to complete explain abstract DangerousCriminals. The arrival of the risk society seems abstractDangerous Criminals find a legitimacy of the grounds forjudicial practice. In the risk penal environment, thedevelopment of the concept of legal interest abstract, abstract Dangerous Criminals become the main form of crime. Bothtraditional criminal law or risk criminal law are the productof social development, are the needs of the community. Despitethe existence of criminal law in risk Abstract dangerous crimesettings, but the abstract Potential Damage conform to socialprogress and direction of the development of criminal law, andplays an important and irreplaceable role in today’s society.This trend in the foreign criminal law, the Criminal Law ofChina is also facing the transitional choice facing theever-changing high-tech risk, Chinese scholars began tounderstand and explore the theory of abstract of Perilous, andtry to abstract of Perilous legislation applies.The total is divided into three parts, the basic problemof the traditional abstract Perilous, the theoretical changesof Modern abstract dangerous criminal, abstract dangerouscrime and our modern criminal law.The first part, first introduced the criminal law shouldbe abolished or circles on the abstract dangerous crime, affirmation will concrete dangerous offense and abstractdanger classification, from the comparison with the concept ofconcrete dangerous crime to affirm the abstract dangerous crimeexists, the negative separation is mainly based on the abstractdangerous crime special constituents and illegal essentially,thinks that the basic principle to violate the criminal law,to deny the existence of the abstract dangerous crime. Thenfocused expand the depth of the abstract of Dangerous Criminalsconcept and punished according to the understanding andjudgment of abstract danger ".The second part, mainly discusses the new changes of theabstract dangerous crime risk in the criminal law in risksociety, the abstract dangerous crime is caused by theinfringement of legal interests of the actual damage offense,the risk of criminal law in the abstract dangerous crime is theprevention of the risk society based on the set, with a strongvalue driving. Then, analyses the theoretical basis of modernabstract dangerous crime in, mainly because of the special risk of modern risk society requires that criminal law is thecorresponding risk control, at the same time the developmentof risk society makes the law profit function change, thepenalty as social security risk defense, must make thecorresponding punishment expansion.The third part, firstly analyzes the present situation ofthe risk society in our country, which is facing the dual risksof modern risk and traditional risk cross, the reason and theformation of a brief analysis of the social risk in china. Thenanalysis China’s criminal policy choice in the special riskstatus of environment, finally, in view of the currentsituation of legislation, and put forward the existing problemsand the solving measures.