Criminalization Of Risk Behaviors On A Moderate Expansion

Risk society is a new social environment, it means that the overall security and socialorder is very different from traditional society to accept the risk and challenge. As animportant way to maintain social stability and protect people’s rights, criminal law shouldadapt to the situation, and actively make adjustments. Thus, the concept of risk criminal lawarises at the background. An important feature of risk criminal law is criminal defense front,ahead of time that the actual harm results appear, when objective dangerous was formed. Tothis end, we should make positive affirmation of the important value of dangerous crimes.However, consider the influence of the traditional criminal law idea, people always tend tothink of the dangerous crimes harmful to the society is far less than that of real harm to make,our country criminal law educational field has also been the real harm as a key research made,and dangerous crimes related academic research is weak. the traditional criminal lawconcepts, people tend to think that Danger is far less than the social harm to the real harmcommitted, criminal law scholars have been guilty of the actual harm as a research focus, andacademic research Dangerous relatively weak. Potential Damage Throughout our existinglegislation, the provisions that not only the insufficient number and quality of legislation hasyet to be improved, which obviously does not meet the need of criminal law to defend society.For this reason, this paper based on the transformation of China’s social security socialenvironment of frequent accidents, and the provisions of the Criminal Code Dangerouspresent situation of China’s criminal legislation should be appropriately expanded the scope ofcriminalization of risk behaviors, and the expansion of the potential damage involved in avariety of issues and questions to start research and demonstration, with a view to promotingthe development of China’s Dangerous depth study, and thus the risk of criminal law for theexpansion of the scope of punishment Dangerous to provide more theoretical support, andprovide justice practitioners deal more can be Dangerous operational guidance.Apart from the Introduction, the paper is divided into five sections: The first part is an overview of risk behavior. The first part of the criminal law on the"dangerous" concept and "behavior" Review of the concept of point of view, from the"dangerous" and "behavior" with a view to define the concept of risk behavior. Second, thecriteria for determining risk behavior is divided into two main elements and auxiliary factors,the main risk factor is to determine the core position and should be adhered to examine themain factors can be broken down as the base fact, the reference time, and criteria. Finally, thepaper discuss the theorists controversial about negligence dangerous behavior and abstractrisk behavior, that they should be recognized as the legitimacy of the type of risk behavior.The second part review risk behavior of status crime in our country.Study shows thatoutside the law: civil law countries, typically such as Germany, Japan, Spain, early in thesecond half of the19th century began a lot of potential damage legislation, common lawcountries, now established the precedent in the form of punishment Dangerous the rules.Compare the dangerous behavior of crime of foreign legislation and domestic legislation,summed up the present stage of comparative legislation is not only insufficient number ofPotential Damage and quality, and come to extend Dangerous Situation of China’s criminallegislation necessary conclusions, and then from empirical perspective verified theauthenticity of the extendedDangerous proposition.The third part demonstrate the necessity of the moderate expansion of risk behaviorscrime. In the early of criminal law intervention means that the expansion of criminal lawcircles, skeptics point out that the kinds of criminal law have made the concept of socialdefense and too biased suspected of deviation from the protection of human rights, in addition,the main focus areas Dangerous expansion is closely related to the scope of science andtechnology such expansion inevitably worrying trend may be tied in the producer’s creativity,impede social progress. In view of the above questions, the part of the risk of acts of crimefrom social security is the security risk of an important measure, the penalty is the inherentnature of the modern state, the risk of criminal law is the result of policy adjustment, is aninternational development trend of criminal law, the four aspects confirmed the moderate riskbehaviors of the importance and necessity of crime. The fourth part demonstrate the feasibility of the moderate expansion of risk behaviorscrime. Feasibility is further argument base on the necessition, the main risk behavior isappropriate for the crime for the feasibility of the operation, in which serious socialharmfullness is dangerous behavior of crime basis of reality/It is the prerequisite that will notlead to violations behavior of human rights, It is the scientific basis that not contrary tocriminal law Modesty. the integration of retribution and utilitarian crime is a dangerous act oftheoretical support.The fifth part is the concrete path of dangerous criminal behavior’s moderate extension.Our country is in the profound social transformation, the social environment is complicated,the whole society holds enormous social risk. Therefore, base on coordination the standard ofrights on criminal law and th e standard of power on criminal law, should insist on therights-based view of the moderate-led crime philosophy. According to the Moderate crimeconcept, the appropriate crime path of the specific path from the principles, including thenecessary principles, the principle of proportionality, coordination principles; the crime ofsimilar objects for clues to frame the risk behaviors moderate the criminalization of the scopeof legislation; established Dangerous penalty setting, the main contents of punishment mode,and specific types of penalties set three major fronts.