The Reasonable Consideration Of Criminal Policy In The Risk Society Environment

Highly developed science and technology and social system, bringing a highly developed modern society, but also brought unprecedented risk. With the advent of risk society, the traditional legal system has been seriously challenged, and the criminal law is particularly evident, the reaction speed of traditional criminal law, the reaction methods and efforts to protect the public are a bit weak, as the last and most effective means of criminal law rationale this should make reasonable adjustments and responses. However, if the over-reliance on criminal law, criminal law will greatly advance the protection of legal interests, expanding behavior committed, Perilous scope, but also undermine the rule of law too. Therefore, I will strive to resolve the criminal policy of the protection of human rights and a fair balance in society, through the system of social risk research, combined with our knowledge of the social risks associated with foreign inspection system, based on our practice, the criminal policy as a breakthrough, to look forward to better cope with social risks. In this paper, research, comparative empirical research methods, the first risk, hazard and risk comparisons from the start, pointed out that the adjusted risk of criminal law is primarily a state of uncertainty, Elements focus on the behavior of the perpetrator does not manufacture the law risk permit, the use of behavioral imputation doctrine. Adhere to the policy can not be cut from the criminal point of view and learn criminal law doctrine that criminal policy and upholding the doctrine of retribution guilt results selfishness, while taking appropriate preventive doctrine and behavior learned selfishness. In the specific development and risk control mode combine dafangbingju strengthen awareness, highlighting the diversity, attention-looking. In the specific convicted criminal policy, the authors believe should Criminalization and Decriminalization and drive to build a dynamic crime ring, and through the shortcomings of the current set of abstract Perilous proposed expansion and the abstract should be limited Perilous shrink simultaneously.