The Research On The Reasonable Expansions And Restrictions Of The Risk Criminal Law

Risk criminal law is formed against a background of risk society theory which is presented by German sociologist Ulrich Beck. According to Beck’s risk theory, there’re several characteristics of risks in risk society. First, risks are connected with many human factors. Second, they are complicated and it is hard to determine the source of risks. Third, the risks can be concealed for a long time and the relationship between actions and results is hard to define. Fourth, risks are likely to be crushing and humans lack capability of controlling and repairing. Fifth, risks and spread to a really wide scope in globalization background. Sixth, the consequences of risks can last for a really long time. Seventh, risks may involve many fields like politics, economy, science and environment, etc.Traditional criminal law came to d deadlock appears between theory and facts when confronting the social reform in industrial capital. Firstly, traditional criminal law theory believes crimes infringe laws and rights. But the concept of laws and rights in risk society are too vague and narrow and do not conclude new protective benefits like social moral principle order in human body experiments which is forbidden. Secondly, traditional criminal laws focus on punishing crimes, it is too underdeveloped in current risk society and for crushing crimes in the bud. Thirdly, risks are formed by several objects and actions. The relationship between actions and results are so complicated that it is hard to define crimes on traditional theories. Also, in traditional criminal laws, the subjects of crimes are limited to every single person but in risk crimes, they are always organizations, so it is hard to restrain corporation problem.Risk criminal law changes the concern from personal freedom to social order and national security. Criminals violate not only laws but also social order so that the law do not set specific actions in advance, it takes precautions actively and changes the research ways which are based on the results. To solve the contradiction between the risk of unpredictable actions and the necessarity of stipulate risk actions, the law simplifies the chain of causes and effects, it aims at stifling crimes in cradle and settling a system of charging the blame to the dangerous nature of risk actions and also provide a new principle for crime punishment problem. It admits criminal actions of subject and adopts a more flexible policy to personal responsibility for an offence.The author thinks that risk criminal law is the reform and improvement of criminal law,it is the reflection to the development of society and also it is reasonable.Risk criminals are carriers of criminal law, it enlarges the subject of crimes and indicates that it is possible to overcome the impassable gulf between risk criminal law and criminal law. In order to defuse the crisis and to place a restriction on criminal law, risk criminal law reserves the human rights, freedom and equality and inherits punishment principles of traditional criminal law. The formulation of risk criminal law is based on constitution and loose punishments on risk criminals is the proper solution to the law.