Study On The Expansion Of Criminal Law’s Preventive Function And Its Reasonable Limits

In recent years,with the continuous development of modern society,the social risks brought about by the development of modern society have become more and more prominent.Taking the expansion of the preventive function of the criminal law as a means,and the preventive criminal law theory for the purpose of preventing social risks have also become hot topics in the criminal law academic research and discussion.Undoubtedly,with the advent of the risk society,the preventive criminal law legislation conforms to the international background of the risk society and is in line with China ’s judicial reforms.It aims to appease the people ’s growing uneasiness from the criminal law and provide comfort to the public.The number of dangerous offenders regulations and the criminalization of accomplices are important means to protect legal interests in advance before they cause harm.However,the expansion of the criminal law prevention function must establish a correct criminal legislation concept.On the basis of adhering to the modesty of the criminal law and guaranteeing civil freedom,how to expand the criminal law prevention function reasonably,construct a scientific top-level system design,and ensure that innocent behavior Improper punishment and effective prevention of the transformation of criminal law into symbolic legislation are issues worthy of our deep consideration.This article is divided into five parts:The first part is the social transformation and the changes of criminal law functions.The reason why the function of the criminal law changes with the social transformation is that the criminal law as a basic legal means to govern society will have different functions under different social backgrounds.With the advent of the risk society,in order to meet the prevention and governance of social risks The urgent need,the traditional criminal law should be increasingly transformed into the risk criminal law,and the criminal law based on ex post punishment should also be increasingly transformed into the preventive criminal law.The second part is the normative performance of the criminal law to prevent the expansion of functions.The expansion of the criminal law prevention function of China in order to adapt to the rapid development of society and the risk society is mainly manifested in the continuous expansion of the scope of criminal law regulation: adding a large number of new crimes,expanding the criminal circle,lowering the threshold of crime,expanding the scope of crime,adjusting the composition requirements Expanding the scope of behavior;abstracting a large number of dangerous offenders into prison;the implementation of criminal preparatory behaviors and the crime of helping behaviors are criminalized.The third part is the positive value of the criminal law’s prevention function expansion.Establishing a positive view of criminal law,appropriately expanding the scope of criminal punishment,and actively exerting the preventive function of criminal law,catering to the general background of a risk society,is a compromise and concession made by the country to social security needs when facing a risk society.Social security is the result of priority value considerations,which fulfills the national security guarantee function and satisfies the nationals’ sense of dependence on criminal law.The fourth part is the dilemma of the rule of law in the prevention function expansion of criminal law.The traditional criminal law concept requires that the criminal law should be as small as possible when delimiting the scope of regulation,and the extension of the penalty should be reasonably limited.When condemning the liability,the main offender is the main object of liability,and the individual ’s freedom is protected from excessive Infringe.From this point of view,affected by the concept of traditional criminal law,the expansion of the preventive function of China’s criminal law conflicts with the modest spirit of criminal law to a certain extent,confronts the traditional criminal law responsibilityism,and contradicts the function of freedom guarantee.The fifth part is the reasonable limit of the prevention function expansion of criminal law.Under the risk society,the continuous expansion of the preventive function of the criminal law will lead to the continuous reduction of citizens’ freedom.Therefore,the expansion of the preventive function of the criminal law should have a reasonable limit.Both criminal law legislation and criminal justice should uphold the humility of criminal law,adhere to the combination of punishment and prevention,and abide by the guarantee of citizens’ freedom,so as to better realize the preventive effect of criminal law prevention function on social risks.