The Research Of Abstract Potential Damage Offense

Abstract Potential Damage offense has been paid attention to by scholars as a special form of crimes, and regional legislation has become more prevalent in the countries like Germany and Japan. With the rapid development of society, the risk opinion has become influential criminal law thinking.Risk society is widely spread among the whole world with globalization. During the social transformation period, China is also facing many problems like food safety, environmental pollution, economy, finance, traffic accidents and other areas. People’s lives and safety need strong protection of the criminal law.Modern risk is unpredictable and uncontrollable, so that dangerous consequences will result in irreparable harm. Criminal law not only satisfy its passive means of protection to the community, but turn to a proactive focus on prevention. Theoretical discussion on this issue is warming.In this essay, I will discuss the abstract potential damage offense based on several basic problems.Ⅰ There is simple overview of theory of risk society and criminal law of risk society. Firstly, I will introduce the theory of risk society. Secondly, I will explain concept and characteristics of risk criminal law.Ⅱ Ⅰ will discuss the abstraction from four aspects of application of the abstract risk of criminal law in society. Firstly, I define the abstract potential damage offense, including abstract elements such as differences between abstract potential damage offense and dangerous criminals. There are varying opinions about boundaries of these two kinds of criminals, but it is necessary to distinct.Secondly, I define risk criminals. And then I respond to some doubts from scholars that abstract potential damage offense is not contrary to the basic principles of criminal law. Finally, I point out that abstract potential damage offense must be adhered to the restrictions of the application of the principle.Ⅲ In this part, there is the overview of extraterritorial legislation of abstract potential damage offense, in which I mainly discuss for several instances of an abstract potential damage offense legislation in Germany and Japan. Based on the references, I am expecting to explain abstract potential damage offense more reasonably.Ⅳ Ⅰ will discuss the double risk which China is facing because of modern risks and traditional risk. According to the current legislation in China, I will point out the inadequacy and improvement measures in future.