Appropriate Expansion Of Abstract Dangerous Criminals In China's Criminal Law

In the history of China's criminal law,we can clearly see the expansion of abstract dangerous criminals in the field of criminal legislation in our country.Although there has been a lot of controversy in the academic world,there is no doubt that the abstract danger has the value and theoretical basis of its independent existence.The definition of the abstract dangerous crime,we must first make clear what is "abstact danger",this paper argues that the so-called abstract danger is that legislators to risk,which is the result of a dangerous and non dangerous,as long as the behavior of the implementation of the criminal law in accordance with the Constitution Act is presumed dangerous,without specific judgment.This paper clears the concept and connotation of dangerous offense by comparing Abstract dangerous crime with behavior crime and concrete dangerous crime,and further affirms the necessity of abstract danger to exist independently.It is necessary for us to expand the legislative risk of abstract dangerous offense.We can see that in the criminal legislation of China,the establishment of abstract dangerous offense has obvious historical track.As far as management circles are concerned,there are still different views on the establishment of abstract dangerous offense,but the theory of abstract dangerous crime is consistent with the background of risk society,and is consistent with the change of criminal law theory.First of all,the appropriate expansion of the abstract dangerous crime is the requirement of the protection of the legal interest.Human society has entered a risk society.In order to eliminate people's sense of insecurity and manage the potential and chain risks,it is necessary to add an abstract dangerous crime in legislation.Secondly,the proper expansion of abstract dangerous criminals is in line with the concept of general prevention.Positive general prevention theory supporters believe that the serious danger of possible,by making the punishment determined,not only can prevent the crime from the source,but also can strengthen the ordinary citizens of the law and abide by the inner conviction.Finally,the appropriate expansion of the abstract dangerous crilinals can reduce the burden of proof of the prosecution,save the judicial cost and social cost,and avoid the waste of judicial resources.The legislative expansion of China's abstract dangerous crimes has also aroused people's concerm.Tlhe expansion of the abstract dangerous offenders is consistent with the trend of legislation.However,we should adhere to the principle of modesty and restraint of the criminal law and give consideration to the principle of responsibility and the principle of legal interest protectionism.This article,based on the foreign legislative experience,tries to make a little suggestion on the legislation of the abstract dangerous offenders in our country.