The Limitation Of The Criminal Law As A Measure Of Risk Regulation

As a powerful means of social regulation, criminal law is bound to play a vital role in the risk regulation work in the context of risk society. However, the criminal law because of its social location has characteristics of restraining, determines its not possible to active and comprehensive to respond to the demands of the risk society, only in the social defense positions, with its on its mode of operation of the appropriate adjustment to make a difference. In addition, the criminal law has its own consistent historical evolution and development goals, even looking forward to their participation in the social risk and social risk treatment, and should not to leave the has been adherence trajectory for the price. Only in this way, it can ensure the criminal law reform risk not because of the specific period of social demand and to lose the purpose. In a nutshell, must take a rational view of the criminal law for the regulatory role of the risk society, not only from social demand level understanding of the criminal law of social adaptation, but also to consider the social limitation of criminal law from the angle of social location According to the reality reflected, social risks for the value of the criminal law expected higher degree in criminal law itself can be extended, at least for safety value pursuit should not be at the expense of weakening social influence of other value of criminal law. Because the stability of the value of the pattern is the basis of the existence of the criminal law, the criminal law with the Constitution and other laws and regulations to maintain a consistent basis. Once the value structure of the criminal law in the reform of the risk of disruptive change, will lead to changes in the construction of the criminal law system, or can be a departure from the traditional path of the criminal law to look forward to the direction of evolution. This will definitely affect the social demand restrictions on criminal law function, the relationship between the chaos of the criminal law and other social control measures, the social role of criminal law become fuzzy,criminal law with the coordination and support will be reduced for other social regulation and control measures of the foil, confusion in the development of the society and the uncertainty among. Therefore,the criminal law reform risk must grasp the criminal law as the limitations of risk regulation by criminal law of internal and external factors of the multidimensional study, the relationship between comparative criminal law tradition and the times change,clear the basic position does not change can move closer to the demand of risk society.