Study On Abstract Potential Damage Offense

In domestic academia, scholars started to study abstract potential damage offense on a large scale from the beginning of this century. Since 2004 the German scholar Ulrich Beck’s "risk society" theory was introduced into China, additionally following a series of incidents, such as SARS, HINl, Sanlu event, Cyanobacteria event in Taihu Lake, lead poisoning, the Chinese government has always been tested about the capacity for emergency risk management. Meanwhile, due to the events including U.S. subprime crisis in 2007 and leakage of nuclear after Japanese earthquake and tsunami in 2011, people’s fear gradually evolved into a strong awareness of risk. In recent years, the definition of dangerous driving and drunk driving in criminal law as well as the lowing standard of food safety crimes witness that several provisions have been introduced. Consequently, our country’s academia about criminal law give common concern about the risk criminal law and abstract potential damage offense, and sets off extensive discussions. However, because of the imperfection of the legislation and divergence on these issue, research on questions still cannot achieve significant advances. Although there is some breakthrough in the legislation of "abstract potential damage offense", scholars debated on the issues endlessly all the time. For the benefit of the practice, the paper will discuss about the abstract potential damage offense.Besides the introduction and conclusion, this paper contains the following four parts:The paper is begin with the discuss of what the abstract potential damage offense is. And the writer will give an exact definition of the abstract potential dangerous commit. At the same time, the paper will analysis the components of the abstract potential dangerous crimes. Then it will use the method of comparison to compared the abstract potential dangerous with specific potential dangerous crime and behavior crime. So as to clarify the boundaries between the three, and then to get a further understanding of the abstract potential dangerous crimes. abstract potential dangerous crimes in the theoretical circle has been controversial, the focus is penalty basis theory, crime establishing theory and crime accomplishment theory, this article will discuss these issues one by one. Finally, the article will be the development course of abstract dangerous crimes do a simple introduction, including its theoretical development path and development in the practice of legislation.potential damage offense was against by most scholars. On the contrary, nowadays the concept has won the widespread acceptance in domestic. As for the explanations of the abstract potential damage offense, there are approximately three different doctrines, including penalty basis theory, crime establishing theory and crime accomplishment theory. The distinction of them embodies in the definition of occurrence of abstract potential damage offense: the basis of penalties, the label of establishing crime and the label of crime accomplishment. The paper holds that the basis of penalties is not equivalent to regarding it as a crime and establishing crime doesn’t mean the crime accomplishment. Hence, the paper employs the crime accomplishment theory.