On The Risk Criminal Law Theory And Its Reference To China’s Environmental Protection

The risk criminal law theory which is a kind of reflection and preventive norms,iscriminal law scholar coping strategies in the face of the arrival of risks raised by thecommunity itself in the field. The risk criminal law seeks to pre-risk approach toprevention and control of behavior manufacturer of society brought incalculableharm.It play a positive general prevention capabilities to manage risk. Therefore, therisk of a criminal law theory has been widespread concern raised by civil lawcountries. Our jurists have also launched an extensive and profound shortage ofdiscussion.This paper includes three chapters:The first chapter discourses from the limitations of the risk of social and traditionalcriminal law theory to explain the theoretical background of the arising of Theriacriminal law. Then it analyzes the current status duo of the risk. Finally it reveals theshortcomings of traditional criminal law to start laying the groundwork for below.The second chapter first carried out the connotation of the risk criminal law theory.It demonstrates the necessity of the existence of the risk criminal law andantirationality the basis of the controversy associated with further.The third chapter presents the risk criminal law theory to the problem ofenvironmental governance draw ideas. After analyzing the current situation and lackof governance on the basis of the existence of China’s environmental problems, itdemonstrates the urgency and necessity of environmental governance。Combine dingwith earlier theory,it put forward the idea learn about risk management ofenvironmental crime criminal law theory.At the last,it put forward concreteproposals to establish the relevant provisions of the criminal law and the generalprinciples.