Rational Response Of Criminal Law In Risk Society

Since the German scholar Ulrich · Baker risk of social theory, which shows that for their own human society has entered a new stage of cognition. From economic development, social welfare and social stability as the target building "industrial society" Time shift to how to prevent threat to society due to human wealth accumulated by the industrial age technology brings risks to the goal of "risk society." It also allows researchers to focus the attention of scholars in the field under the risk of social theory, for a time in sociology, economics, and environmental resources,research on the theory of emerging,and in 2007 Professor Lodongyan`s book "Public Policy and Risk Penal Code," a text of the launch, also opened a theory of criminal law scholars prelude risk society, but also achieved some results. Some scholars believe that the risk of criminal law as under the current criminal law to deal with the risk of social context, traditional criminal law can not effectively deal with the serious consequences of the risks posed by the risk society. But I do not see this has a different view. Risk society is an "exotic", any "exotic" to get good development in China would have to form itself in Chinese society as a basis, or not really play its due role. In my opinion, a respected risk instead of the traditional criminal law scholar of criminal law, there is no good understanding of what part of the risk of social theory and the theory of the core content- the "risk" means the risk and face of Chinese society grasp the extent not enough, but I also believe that support risk criminal law scholars still can not solve the risk of criminal law on the illegal nature of the problems identified and the risk of criminal law in our current society on how to implement legislation cost or risk criminal law a series of questions are not well Solution of the cases, hastily introduced the risk of criminal law is a more mature approach.In this paper, a brief analysis of select domestic and foreign scholars on the risk of social and theoretical research risk theory of criminal law as a starting point,combined with the status of domestic research will explore the connotation of the article first turn on the "risk". Which started on the "China faces the risk society" in Value Analysis, on this basis, combined with domestic-related criminal law discussion on the basic stance of the criminal law to present their risk identification in criminal law theory of illegality, Combined with China’s judicial practice, the introduction of a series of amendments to the Criminal Code that appears "traditional criminal law and then turned to risk the collapse of the Criminal Code" refute opinions, ultimately it clear that our current society cope with the impact or risk society should be maintained with traditional criminal law theory of rationality.