On The Expansion And Limitation Of China's Abstract Dangerous Criminals

Since the amendment of the criminal law(eight),the amendment(nine)of the criminal law(nine)adds a large number of abstract dangerous offenders,especially in the category of the regulation of financing,organization and holding in terrorism and extremism.The legislation of abstract dangerous criminals in our country has shown an obvious trend of expansion..However,there is still a lot of controversy about the legitimacy of the abstract dangerous offender in China's expansion and the need to limit the abstract dangerous criminals.This paper holds that the expansion of abstract dangerous criminals is justified in our country and is the necessity of social development,but the expansion of the abstract dangerous criminals is limited.Therefore,it is necessary to limit the expansion of the abstract dangerous criminals.The full text will be divided into three parts.In the first part,the core dispute point of abstract dangerous crime,"abstract danger",is proved from the point of view of the value theory of action and the result of the value of value.It is considered that the essence of the theory makes the abstract dangerous criminals lose the legislative value,affirms the reasonableness of the form theory,and admits the "abstract danger" is a kind of legislative presumption.The difference between the abstract dangerous crime and the behavior crime and the specific dangerous crime is clarified respectively,and the denial of the abstract dangerous crime is the statement of the act offender,and the independence of the abstract dangerous criminal is affirmed.The second part,first of all,the legitimacy of the expansion of the abstract dangerous crime,from the angle of social reality and the angle of criminal law theory,thinks that the expansion of the abstract dangerous criminals in our country is based on the "risk society" in our country,and the theory of the legal theory of risk in the theory of risk society is its important theoretical support.Secondly,the expression of the expansion of the abstract dangerous criminals is demonstrated in the aspects of the implementationof the preparatory behavior,the offense of the accomplice and the holding behavior,and the classification of the new crimes on terrorism and extremism,which are newly added to punishment nine,and discuss the rationality of the crime setting and the existing problems,which directly reflect the abstract danger of our country.The direction and characteristics of the dilatation of the risk offenders.The third part discusses the basis and method for reasonable limitation of the expansion of abstract dangerous offenders.From the angle of the relationship between the abstract dangerous crime and the modesty of criminal law,the principle of criminal responsibility and the spirit of legal interest,the necessity of reasonable limitation for the expansion of the abstract dangerous criminals is demonstrated,and the relevant suggestions are put forward from the legislative and judicial levels in view of the crux of the expansion of abstract dangerous criminals.