The Application Of Abstract Potential Damage Offense In The Risk Society

Due to the development of the concept of risk society, studying the problems of criminal law under the background of risk society have become the new characteristics of the criminal law today. Abstract potential damage offense under the risk society become an important legislation means for people to guard against risk, control risk allocation. It is widely used in criminal legislation, and even some scholars called it the "darling" under the risk society. However, the concept of abstract potential damage offense was put forward before the concept of the risk society. The criminal legislation of Germany and other countries has appeared in the legislation of abstract potential damage offense, in other words, abstract potential damage offense was used to prevent social risk,it is given as the important role of the criminal law in recent years. Abstract potential damage offense was heavily used in the risk society, to a certain extent, it realized the purpose to distribute social risk, really help people guarantee the safety of the public.However, its defects is quite obvious, such as the impact on the traditional concept of legal interests, in violation of the liability principles, do not meet the tolerance theory of the criminal law, etc. Therefore, value and its legitimacy of abstract potential damage offense should be thought rationally, not blindly to emphasize its instrumental value and functional, shall be limited to apply about abstract potential damage offense. First of all, the legislation of abstract potential damage offense should be optimized. And abstract potential damage offense is allowed to prove through the use of contrary evidence in the judicial practice.