Research On The Rationality And Limitation Of Preventive Criminal Law

In a modern society with increasingly diverse sources of danger,the expansion of criminal law is imperative.In the context of risk society,traditional criminal law is facing major adjustments.From the perspective of social development,the legislative orientation of criminalization is inevitable.As an important line of defense to protect society and citizens,there is an obvious trend of prevention in criminal law legislation.In this regard,it is necessary to clarify the rationality of the development of preventive criminal law at this stage.Faced with the urgent need for national security protection,the fact that the criminal law view shifts from passive prevention to active prevention is a good situation,but it is necessary to grasp and examine the limits of this security view and prevention view.The amendments to the criminal law continue to add new crimes,emphasizing early intervention and protecting abstract legal interests.Behind a series of obvious preventive features,its rationality lies in the mission requirements of criminal law defense.While affirming the existence of preventive criminal law,we need to pay attention to the challenge of the crisis of expansion to the principles of criminal law.Preventive criminal law also adheres to a diversified value orientation,integrating legal interest protectionism and related content that results in valuelessness with criminal law norms and behavioral valueless theory to find a theoretical self-consistent for the existence and development of preventive criminal law.Preventive criminal law shifts the traditional criminal law’s main concern to individual freedom to the order of social stability and the protection of national security.Taking risk sources as the carrier,the criminal law legislation has expanded to abstract dangerous offenders,prepared offenders,and assisted offenders.Take active general prevention as the guiding ideology,intervene in advance to protect legal interests,and change the previous resultbased research model of traditional criminal law.Just as everything has two sides,preventive criminal law also makes it fall into the crisis of human rights violations and be criticized,so it is reasonable.Limit the unlimited expansion of the preventive criminal law,adhere to the principles of legally prescribed punishments in the traditional criminal law,and the modest and restrained nature of the criminal law,and adhere to the constitutional framework in the legislation of the preventive criminal law;recognize the use of abstract dangerous criminals for the protection of major ultra Personal legal interest;on the basis of strengthening the scope of criminal laws and regulations and the trend of criminalization,equipping risk offenders with lighter punishments is to find a way out for preventive criminal law.