The Expansion Of Abstract Potential Damage In Risk Society

Throughout the history of the criminal law of the revision and supplement,we can find that potential damage offense has grown and expanded clearly,especially around the criminal legislation of potential damage offense has created a lot controversy.But the development of potential damage offense in China has its profound social background and criminal law theoretical basis.The theory of risk society provides a theoretical basis for the prevention and control of criminal law.Risk society theory is an influential sociological theory at first,its risk problems in the transformation of social development has the charisma and penetration,when it was introduced into the criminal law field,it seems to be able to provides a reliable theoretical tool for the changes in Chinese society and the development of the theory of criminal law,which has been widely shared.As the traditional social security system collapsed,the risk awareness spread,making public policy for public security has been needed,refactoring institutional risk management and control became the public policy of the nation's rigid demand;To control social risks,maintaining social security and order became the important tools naturally for the modernized country to prevent and control the risk.“Security criminal law” is growing under the background of risk society.To control and prevent risks has become an important goal of criminal law.the" Security criminal law" also provides a new direction for the traditional punishment law such as the negative crime,the possession crime,the abstract legal interests and the potential damage offense which were independent of traditional standard,challenging the Results the selfish departmentalism of the criminal law which pays attention to protect human rights and damage of legal interest.the traditional criminal law has to reflect and reform,also appeared the new power Act selfish departmentalism of criminal law.The expansion of the potential damage offense in legislation has the sufficient reason.Through combing the development of some offenses we can find the obvious expansion clues of the potential damage offense in our criminal law easily.Risk society and the change of the criminal law theory have provided the certain realistic foundation and theoretical basis for the expansion of the potential damage offense.Extremes meet,the expansion of the offender of abstract danger also sparked concerns,on account of the challenge of the principle of legality,the principle of legal interests violation,the challenge of the traditional principle of criminal law,and the expansion of the offender of abstract danger caused excessive incrimination,waging penalty power excessively,in violation of the austerity of criminal law,individual liberties,etc.,limiting the offender of abstract danger in the legislation and judicial is necessary,it also becomes an important proposition to seek the balance of traditional existing criminal law and legislation pattern of the offender of abstract danger.in the legislation,a careful selection of the offender of abstract danger and a pre assessment process are important means of regulation.In the judicial,they are advocated methods to evaluate illegally for the behavior met the constitutive requirement and allowing the offender's disproof.