The Research Of Abstract Potential Damage Offense Based On The Theory Of Risk Society

Risk society theory was put forward by the German sociologist Ulrich Beck,which was caused by the extreme development of society. The risks in risksociety include not only from the nature of the risk but also from human beingsourselves, which are from the risk of highly developed technology. Civil lawsystem created the theory of Risk Criminal Law to deal with the theory of risksociety, and adding Abstract Potential Damage Offense is one of the majortechnical legislation. Nowadays many society risks rises in all areas of China,in order to solve these problems, this thesis is combined with foreign legislativeexperience to analyze the concept and characteristics of the abstract PotentialDamage analysis, based on the theory of Risk Society.This thesis is divided into the following three parts:Part I: Risk Society and the Risk Criminal Law. The Risk Criminal Law wasestablished based on The risk society theory, while basic theory of AbstractPotential Damage Offense. Abstract Potential Damage Offense legislative as amajor method in Risk Criminal Law, which is one of the means of criminal lawprotection in advance. This thesis is combined with our current social reality, inorder to analyze the existing social risks in China, and to provide a realisticbasis for the creation of Abstract Potential Damage Offense. Risk Criminal Law serves public policy, and the creation of Abstract Potential Damage Offense isalso subject to the constraints of public policy. The analysis of thecharacteristics of the risk of criminal law facilitates analysis of AbstractPotential Damage Offense in the risk society.Part II: Risk Society and Abstract Potential Damage Offense. This partabstracts the concept of Abstract Potential Risk on the basis of the analysis ofthe Risk Criminal Law, and to distinguish between the concept of SpecificPotential Risk. After the definition of Abstract Potential Risk,thesis define theAbstract Potential Damage Offense and list its features, by distinguishingbetween Specific Potential Damage Offense. And the Abstract PotentialDamage Offense as part of Risk Criminal Law, should have a high degree ofconsisting with the characteristics of the criminal law concept. And stick on thefeatures of A Abstract Potential Damage Offense analyze the application inour criminal justice system, combined with the characteristics of the theory ofRisk Society as well as the risks that exist in today’s China.Part III: the suggestion of legislation in our country. Analysis on theconcept of Abstract Potential Damage Offense, and the relationship between aAbstract Potential Damage Offense and Risk Society, this thesis refer to theforeign legislation experiences. After the analysis of the common points amongforeign legislations, to conclude the shortage of our legislation which iscombined with China’s reality of the risk society. AS a final to give briefcounsels for legislation combined with modifications and additions of foreignlegislative experience.