Research On Abstract Dangerous Crime Under The Risk Criminal Law

From the worldwide point of view,penalty tends to develop towards light punishment,reprieve and humanization.There is no doubt that this is an important sign of the development of the criminal law in the road of civilization.With the continuous development of society,human industrialization degree is greatly improved,greatly enriched the people's material and cultural life,but behind the bustling industrial development scale but also derived from human beings do not want to get social risk.The new social risks bring challenges to the old traditional criminal law theory,but it also brings opportunities for the development of criminal law.As an important department law,criminal law states its tasks in the second clause of its legislative provisions.But nowadays,the progress of society brings opportunities as well as challenges for the development of criminal law.In the risk society,criminal policy and criminal legislation should respond promptly and correctly in order to cope with the development of society.The author takes the risk society as the precondition,and reconsider the traditional theory of criminal law benefit.Based on the "criminal law of criminal law",the author thinks about whether the abstract danger should be dealt with in crime.In addition to the introduction and conclusion,this article is divided into three parts.Chapter 2,the theory of risk society and risk criminal law.This section first introduces the concept of risk society and the theory of criminal law of risk.Through the concept of foreign countries to reflect on China's understanding of the risk society,on this basis,put forward their own views,that the criminal law to the security road.The article then reviews the existing legal principles of criminal legislation,namely,objective violation theory,legal interests,and the thought of conviction when they are actually damaged.Thought and concepts in the risk society in some respects has become not enough to achieve the task of criminal law,is not enough to cope with the development of society,it is necessary to change the rules,social security needs of the pursuit of more than the need to keep the restraining criminal law.Chapter 3 is about the concept and theory of abstract dangerous crime.This part mainly introduces the concept of abstract dangerous crime and related theories.As the core content of "criminal law of criminal law" abstract danger,this chapter focuses on the cognition and punishment of abstract dangerous crime.This paper expounds and analyzes the relevant theories of abstract dangerous crime,puts forward the viewpoint of punishment on abstract danger,and points out that the criminal law should not excessively enlarge the category of abstract danger.Chapter 4,combined with specific dangerous driving crime,carries out the concrete understanding of abstract danger.This chapter begins with the crime of dangerous driving.As a product of the industrial age,the automobile brings convenience to the society,but also brought great risk,the risk in itself is not a static body caused by the risk caused by dangerous driving behavior instead of driving a car,although not necessarily bring specific hazards,but has caused the risk exist in the abstract.Other abstract abstract dangerous crime,and rational thinking about abstract danger and abstract dangerous crime suppression,and show that the author of the "criminal law" a little presumptuous understanding.