On The Criminal Legislation Of Abstract Potential Damage

Abstract potential damege refers to the originally do not belong to the criminal law value within the scope of the "potential damege" into risk evaluation within the scope of the forming of the crime with criminal punishment. The biggest feature of the abstract potential damege is the "damege" is a legal fiction, as long as the implementation of the "potential damege" behavior of criminal law, the person can be presumed threat to the law benefits. In the risk society, the criminal legislation of the abstract potential damege necessity embodies two points:First, the criminal legislation of the abstract potential damege is an important means of criminal law against social risk. Second, the criminal legislation of the abstract potential damege in line with the risk society’s value choice. In the criminal legislation of the abstract potential damege,it should be ruled out fault situation and the range of criminal legislation of the abstract potential damege should be limit in public nuisance crime. In the concrete criminal legislation, it should change the "environmental pollution crime" and "illegal access to the computer information system data, the crime of illegal control computer system" to abstract potential damege, with stricting the criminal law.