Reflections On Criminal Law Function In Risk Society

Based on the Chernobyl nuclear power plant explosion leak, "9.11" terrorist attack, prompting concern about the human risk of an unprecedented strong.Especially with globalization, the rapid advance of modern science and technology advances in promoting human extreme economic development, great material affluence but also to make the world faces unprecedented uncertainty. To radiation from nuclear accidents, from genetically modified foods, environmental pollution and terrorism, are increasingly being filled in the risk of human life, the risk of becoming a normalization of life in people around. Coupled with the development of globalization, the expansion of the risk of negative effects, reinforced fears of risk caused by the whole society is in a state of panic over this risk the unknown constantly challenge people’s psychological bottom line, so that human security increasingly strong demand. Complex risk landscape makes Western societies scholars began to focus on the risk of increasing the current civilized society, and then reflect on one of the whole of modernity, risk society theory is to reflect results. Risk Society Theory exhibited profound practical relevance, forward-looking and unique insight into the risks, so that the theory became the dominant theoretical paradigm of risk issues.In the risk society, people’s security and freedom of choice, and how to balance the relationship between criminal law and criminal law theory has become the focus of widespread concern. For risk society, criminal law is to continue to maintain their modesty and stability or be flexible to respond positively, become an important issue criminal law needs to reflect and explore. First, we need to consider is the relationship between society and the risk of criminal law, defining the connotation of risk society context function of criminal law, namely, social protection and human rights protection functions. Secondly, based on the value orientation of criminal law function security and freedom, combined with the current social background reflection, with the social development and changes the function of criminal law is not either-or choice, but need to establish a balance between the two, so both maintain a dynamic equilibrium. Finally, a rational evaluation of the social protection and protection of human rights, coordinate the relationship between the two, both in the social context of risk to maximize the protection of citizens’ personal freedom and themaintenance of security and stability of society. To the fullest extent play a "social Penal last line of defense" function.