Research On The Risk Of Abstract Dangerous Crime

In criminal law theory of risk prevailing current, abstract States Perilous set gradually increased, abstract Perilous necessity of setting limits and methods discussed also increased. But scholars need to set Perilous abstract set of abstract Perilous theory, as well as the boundaries of abstract Perilous set so there is no valid explanation. Especially in the current theory of the Chinese insist erfolgsunwert abstract Potential Damage This kind of protection of legal interests of the pre-set is reasonable, there is a dispute. From the law of the constitution and the results of analysis of the abstract potential damage offense committed specific criminal responsibility according to the mode of Perilous, it is clear that the abstract potential damage offense on the constituent elements set in advance for more protection of legal interests, such circumspect guilty and the protection of traditional results specifically Perilous not match. But it is so circumspect protected legal interests, damage prevention and control of the risk of social risk abstract Perilous settings are also at risk, this risk not only from the traditional theory of criminal law in the result of guilty, guilty of behavior impact classification restrictions attempted offense preparatory principles of criminal punishment committed damage or legal interest to explain the role of criminal law and limiting the collapse of the restraining criminal law violation. And abstract dangerous criminal damage, sources in the criminal policy by social risks and risks of a dangerous criminal law concept of fuzzy as an excuse to intensify the intrusion of the criminal law, has lost some of the value concept of the criminal law, become a political tool of risk probability.