| Is there a risk society? What is his impact on China today? In recent years,scholars in various fields have been debating this issue fiercely.What changes will it bring in the field of criminal law? Throughout the academic papers of in recent years,the majority is discussing how to actively deal with criminal law risk society,one of the most representative theory viewpoint is the risk of the criminal law theory,but because of its similar advocated the concept of security law and for a long time still remain,and that of our country traditional criminal law should always stick to the concept of freedom of human rights protection,so has been widely criticized,so if this way doesn’t work,so is there any possible means of other criminal law field,to actively respond to the changes of the society? At this time,criminal policy comes into the author’s field of vision.As criminal policy is closely related to the criminal law,but different from it,can it occupy a place in the risk regulation of the risk society? As early as the era of feuerbach criminal policy,as a kind of adjustment means of punishment,into people’s horizons,but its relationship with the criminal law is not yet clear,until the period of Franz Von Liszt,criminal policy to gradually have been associated with criminal law,and gradually show the unique charm,but its relationship with the criminal law has traditionally been thought of as insurmountable gap between until the,just had in essence between the contact,only found out between the two in common,on the theory foundation is back we talk about whether can use the criminal policy to adjust the risk the possibility and necessity of social risk.Because both criminal law and criminal policy,is impossible to separate to deal with some kind of social phenomenon,in essence should be a crime in the criminal law system in dealing with the complicated and changeable,so this article is not to put aside the criminal law,the adjustment of the criminal policy theory of single,attempting to seek the criminal law,criminal policy is being further integration... |