Preventive Penal Legislation And Its Rule Of Law Control

The legislation of preventive criminal law is prominent in the recent amendments of criminal law,which has a great impact on the modesty of criminal law.Compared with the traditional concept of criminal law as a last resort,the legislation of preventive criminal law realizes the early intervention of criminal law in order to protect interests and control social risks in a more comprehensive way.In addition,in order to make up for the deficiency of traditional criminal law and prevent the emergence of serious criminal harm consequences,there is a new direction in the understanding of crime.In the context of prevention legislation,the focus of crime is not only the actual harm results,but also the new type of social risks.Because the risk itself is difficult to be determined,it determines that the criminal law in response to the risk prevention of the criminal policy to intervene in advance,take the initiative to deal with the risk,the criminal law may appear in advance of the risk results of regulation and adjustment.From the perspective of the task of rule of law undertaken by the criminal law itself,the legislation of criminal law should reflect the purpose of human rights protection and social protection,that is to say,to achieve the goal of rule of law,the criminal law should have the content and form of a good law,and the protection of human rights is the due meaning of the rule of law of criminal law,which is also the point of view of traditional criminal law theory.At present,the legislation of preventive criminal law shows the characteristics of guiding the expansion of penalty power and paying more attention to the social protection function of criminal law,which will weaken the protection function of human rights.Criminal law is the sword of Damocles hanging over the civil rights.If used properly,both the civil society and the society benefit from it.When used improperly,both individuals and society suffer.Too much reliance on the function of social protection of criminal law and only the instrumental value of criminal law will inevitably lead the criminal law to the wrong way.With the advancement of prevention of criminal law legislation,different from the traditional criminal law,substance,the prevention of criminal law legislation to the austerity of criminal law principle breakthrough,pay attention to advance through the criminal legislation to establish social order,maintaining social law benefit,criminal law,criminal law involved in the early administrative behavior is the main direction of the future of our country criminal activity legislation,also accord with the situation of social development at the same time,to prevent criminal law research can to stabilize the social order,prevent future social risks play an important role,also with the criminal legislation of the crime and the crime have important influence.However,how to prevent the legislation of criminal law should be effectively controlled by means of legalization to prevent the over-expansion of the legislation of criminal law so as to avoid over-criminalization.At the same time,based on the particularity of the concept of social risk,in the choice of legislative form,the traditional legislative model of the code can not meet the legislative needs of the prevention of criminal law;Special criminal law,the use of accessory criminal law legislation style,make the prevention of criminal law under the premise that does not destroy the integrity of the penal code,can quickly realize the criminal law on the criminal policy in response to attain the goal of risk means of criminal law regulation,conforms to the process of production,elimination of criminal law,the rule of law in form to prevent criminal law control.