The Moderate Expansion Of Abstract Dangerous Crimes In Criminal Law Of Our Country

The abstract dangerous crimes showed a trend of expansion in the civil law countries’ criminal law. As the repressentative of the civil law contries,Germany and Japan, set a lot of abstract dangerous crimes in their criminal law, including transportation, personal information, environmental pollution, food safety, health, and many other aspects, and it has played a good effect in prevention and control of crimes. The abstract dangerous crimes in our country’s criminal law also showed a trend of expansion. It has to say that the expansion of abstract dangerous crimes is legitimate, but abstract dangerous crimes is full of controversy since the birth of it. This article first summarized the basic problems of abstract dangerous crimes, and then explain the legitimation of the expansion of abstract dangerous crimes, and then make response to the issues of it. Finally, conbining with the current situation of legislation of our criminal law, I put forward some suggestions about the moderate expansion of abstract dangerous crimes.This paper will be divided into four parts except introduction and conclusion:The first part is the overview of abstract dangerous crimes.The core of the definition of abstract dangerous crimes is the cognizance of "abstract dangerous". This paper argues that “abstract danger” is law makers artificial. Once people implement the behavior of constitutive requirements, it causes danger, and it has no need to judge the danger of the behavior in the judicial process. Then through the contrast with the specific dangerous crimes and behavioral crimes, it makes the concept and the connotation of abstract dangerous crimes more obvious.The second part is the legitimacy of the expansion of abstract dangerous crimes. This paper analysed the legitimacy of the expansion of abstract dangerous crimes from two aspects of theory and practice. In the theoretical level, first, the abstract dangerous crimes fit the demands of the beforehand protection of legal interests. As baker said, human society has entered a risk society. The characteristics of modern social risk makes it too late to punish the behavior when risk has already come. Setting of abstract dangerous crimes can protect the interests in advance, nip in the bud. Second, the abstract dangerous crimes embodies the concept of general prevention. Abstract dangerous crimes aimed at the general public, it wakes up and strengthens the standard consciousness of the general public, and then achieve the purpose of crime prevention. Add in the real level, the abstract dangerous crimes played an important role for prevention and control of new crime, and has received good effect in practice. The third part is the controversies of abstract dangerous crimes in our country and my response to them. Some of these controversies are false, some of them are do exist. This article expounds the dispute of abstract dangerous crimes and response, and think that the expansion of abstract dangerous crimes do exist certain risks, these risks need to be avoided by the improvement of abstract dangerous crimes legislation.The fourth part is the improvement of the legislation of abstract dangerous crimes. First, on the meaning of comparative law, this paper expounds the German and Japanese criminal law legislative cases in abstract dangerous crimes, and make comparison of them, in order to inspire our country’s abstract dangerous crimes legislation. Then this paper makes some legislation suggestions of abstract dangerous crimes from the macro level, such as legislation should follow the principle of tolerance and the setting of the penalty should be lighter. Finally, the abstract dangerous crimes legislation were described in detail. The paper argues that China’s criminal law should set the environmental pollution crime as abstract dangerous crimes, and crime of spreading AIDS should be added. This paper also find reasons for why our criminal law doesn’t stipulate poison driving.