Discussion On The Game Between The Criminalization And The Modesty And Restraint Of Criminal Law From The Perspective Of The Risk Society

Risk society is a social background in the post industrial society, which is different from other social conditions,which influences our world outlook and knowledge theory.Especially in today’s increasingly rich risk society theory,the development of legal theory is influenced by its influence,the change of the criminal law theory system is the vivid embodiment.The criminal law changes in risk society not only reflects on the evolution of structural changes in the criminal law,but also on the specific content of the theory of criminal law.We choose the perspective of the changes on the Modesty and Restraint of the Criminal Law and the Criminalization Theory in this context,and pay attention to the Game and through the analysis to explore the Game Equilibrium path selection.The article mainly adopts the literature analysis method.It focuses on argumenting the Game Equilibrium between the Criminalization Theory and the Modesty and Restraint of Criminal Law by viewing,reading,summaring the theory of risk society and the changes in criminal law,in the Modesty and Restraint of Criminal Law,in the Criminalization Thoery,in the Discriminalization theory and other related contents.It proposes the idea that how to achieve the Game Equilibrium.The article mainly contents three chapters besides the first chapter on Introduction and the Conclusion chapter.The Introduction chapter will introduct the resource,background,and significance of the subject.And some specially perspectives will be chosen and analysised.The second chapter focuses on overview of the theory of risk society and criminal law.The meanings and characteristics of risk society,the contemporary background of changes in criminal law will be introducted.In the part of changes in criminal law,we will discuss how the orientation of criminal law changes from freedom to prevention and security.We will detail how the concept of risky criminal law,security criminal law,enemy criminal law and lovely criminal law become popular.Also,in the third chapter Comparasion on Discriminilization and the Modesty and Restraint of Criminal Law,we will explain how the theory of the Modesty and Restraint of Criminal Law and the Criminalization Theory become to waver.In the part of evolution of the Modesty and Restraint of Criminal Law and the Criminalization Theory,we will talk about the background,specific details and risky responses on the Modesty and Restraint of Criminal Law.We will analyze the background,reflections and futural prospects on the Criminalization Theory.In the fourth chapter Analysis of gambling relation between the Modesty and Restraint of Criminal Law and the Criminalization Thoery,we will discuss the background,dimensions,dilemmas and meanings on the gambling relation.By deepgoing study,we depicts the true state of risk society.To realize the change of the criminal law under the background of thewidespread influences caused by the risk society.Notably,we find the gambling relation between the Modesty and Restraint of Criminal Law and the Criminalization Theory,the game relationship has the existences on theoretical support and has been proved.The purpose of the Modesty and Restraint of Criminal Law is restraining criminal law,narrowing the criminal law in a reasonable range.However,kinds of risks in the risky society require criminal law to protect the society by meanings of Criminalization Theory.The gambling relation also causes dual value paradox,inclines the tension of antinomy between freedom and security, human rights protection and social protection.By referring to the content of the Discriminalization.The Modesty and Restraint of the Criminal Law and the Criminalization Theory are not absolutely exclusive of the contradiction, the two can achieve the "Nash Equilibrium" state.The Discriminalization and Criminalization are two sides of a cion.It can exist with Criminalization,limiting excessive Criminalization to ensure human rights not be mulitated.The Discriminalization has the same doctrine and purposes with the Modesty and Restraint of Criminal Law.It can be the solidate support for insisting the Modesty and Restraint of Criminal Law in the risky society.So,choice of Discriminalization as a path of realizing the Game Equilibrium between the Modesty and Restraint of Criminal Law and the Criminalization has reasonable and scientific foundations.The research can promote theoretical innovation and practical progress.Manifestations of promoting theoretical innovation are describing the objective fact of constructive changes in criminal law,discovering the gambling relations between the criminalization and the Modesty and Restraint of Criminal law,seeking paths how to realize the Game Equilibrium between the criminalization and the Modesty and Restraint of Criminal law,helping to promote the theory of criminal law.Manifestations of promoting practical progress are clarifying the true state of risk society in China,identifying changes of the Modesty and Restraint of Criminal Law and changes of the Criminalization under the background of changing in criminal law,clearing the existence of Criminalization in criminal legislation leading tendency and its bad results,finding out the Gambling relation between the criminalization and the Modesty and Restraint of Criminal law, defecating the path of realizing the Game Equilibrium between the criminalization and the Modesty and Restraint of Criminal law.