The Problem Of Potential Damage Offence Legislation Research

This paper start with the concept of potential damage offence,discuss the type of potential damage offence,the cohesion between risk society theory and Risikostrafre-ht,the relationship between the "dangerous" of potential damage offence and The"risk" of risk society and the "risk" of Risikostrafreht,To clarify the basic theory of potential damage offence under the criminal law dogmatics.On this basis,useing the SPSS software,analysis the content of the potential damage offence in our country,focusing on quantity of change in potential damage offence legislation,in what fields,the distribution and proportion between offender of abstract danger intentionally and offender of concrete danger intentionally and offender of concrete danger negligencly,dangerous crimes provisions punishment configuration.At the same time,in order to Germany as reference object,evaluating the legislation of our country,found the insufficient and the experience.Then analyze the controversy in potential damage offence legislation,mainly the discussion between front of protection of the criminal law and the limiting criminal law,the coordinate between defense and free society,the cohesion between criminal punishment and administrative penalty.Then,make the legislation should consider to danger factors were discussed,mainly reflects in:constitution of the value guidance and the impact of criminal policy.For potential damage offence legislation,we should make full inspect of the basic criminal policy and the specific criminal policy,make the instructional requirements carry out the criminal legislation but should be restricted;After considering these factors,put forward our country legislation route---the dynamic path of legislation.In the end,Put forward the proposal of legislation Suggestions,legislation on the modified and perfected Should be in the field of environmental crime,the economic crime,Personal legal interest of crime.Specific changes mainly in the law of content,structure,set up and configuration of criminal law,etc.