A Study On The Purpose Of Penalty In The Background Of Risk Society

Since the beginning of the 21st century,the unforeseen risks faced by mankind are intensifying and the changes in the social situation have helped to change the relevant theories. Out of the social risk prevention and social security maintenance, risk social theory and risk of criminal law theory have been produced. It is of great practical significance to carry out the theory of penalty purpose and the basic theory related to it in the background of risk society. Based on the background of the risk society, this paper analyzes the connotation, rationality and the problem of the positive general prevention theory,and discusses its boundary problem and its realization way,in order to help the Chinese criminal law legislation and judicial practice.In this paper,the body of a total of more than 36 thousand words,is divided into four parts.The first part is an overview of the contemporary social China risk picture and the criminal law response. Briefly describe the theory of risk society, and then analyze the risk picture of China. The wave of globalization makes every country face the risks can not be immune, but the Chinese society has a unique risk landscape. In the context of risk society, the traditional criminal law is faced with deficiencies and challenges.Traditional criminal law should be reformed to make up for its shortcomings. Finally,faced by the theory of risk criminal law, traditional criminal law should be to sort out and clarify, should be due to potential to build.The second part is about the diversity of the penalty purpose and actively to the promotion of the concept of general prevention penalty purpose. The theory of penalty purpose has long been debated in the basic theory of criminal law. On the basis of reviewing the mainstream view of China and the West, this paper makes a reasonable proof of the positive theory of prevention from the social background and the theoretical connotation. The article argues that in the context of the current risk society,positive general prevention is more reasonable and more practical than other theories of penalty purpose.The third part is the analysis of the boundaries the penalty purpose and realization path analysis in the background of risk society. The advocacy of positive general prevention does not mean ignoring the existence of the theory,and the positive general theory of prevention, in addition to the problem of coexistence of prevention theory,also has the problem of expansion and unequal boundaries, so crucial for setting the boundaries. In order to clarify its boundaries, it is must be bound by a series of important principles in judicial practice. The author puts forward that the positive general theory of prevention should not break through the boundaries of the theory of legal interest. The positive general precautionary theory should pay attention to the tendency of the function of the guilt; the positive general theory of prevention can not shake the criminal law modesty. The theory of expensive in the implementation of the positive approach to the realization of the general theory of prevention is the ultimate destination of this paper. First of all, the purpose of the implementation of the penalty to follow the punishment open, punish in a timely manner, the principle of moderate penalties. Then, on the basis of follow the important principles, adhere to the legislative, judicial, legal publicity and common promotion. The legislative aspects,improve the provisions of criminal law,the correct use of criminal policy; scientific set charges and statutory penalties; the pursuit of light penalties, to improve the fine penalty status. Judicial and executive aspects, the public security law and the prison department to carry out their duties, improve the concept of the rule of law; conviction and sentencing fair,appropriate and accurate grasp of sentencing benchmarks; to enhance the implementation of the effect of punishment; Legal propaganda, continue to do legal publicity ; do a good job of "key a few" model role; to improve the legal means and methods of publicity. In order to work together to promote and finally realize the general a positive preventive effect.The fourth part is the conclusion. This section begins with an example of the relevant content of the Criminal Law Amendment (9). "Criminal Law Amendment (9)"reflects the current social situation and the latest theoretical developments in criminal law. The "Criminal Law Amendment (9)" is also intended to better demonstrate the views of this article in order to improve their own purpose of the sentence and the general prevention and other related issues.