Study On Criminal Law Modesty In Risk Society

The coming of the risk society caused the change of the criminal law,let the austerity of criminal law principles in the traditional criminal law status change,risk society and the austerity of criminal law,the game is actually the purpose of criminal law aspects of game of a free first or safety first,facing the complexity and urgency of the risk society,ensure safety first occupied the change of the criminal law,At the same time,it recognizes that security in a risk society is also a powerful way to guarantee freedom,which is much needed.Based on this,we should reconsider the role of criminal modesty in risk society,in order to be more conducive to risk prevention and control,and give consideration to the direction of freedom and security.The first part includes three aspects,one is to elaborate the connotation of risk in the risk society and its impact on the criminal law system;The second is to find out the proper attitude of modesty in risk society by exploring the core meaning of modesty.The third part expounds the relationship between risk society and modesty,and finds that modesty is in a dilemma due to the special risk of risk society--the existence of system risk,and at the same time,it also finds the disadvantages of advocating modesty too much.In this paper,the second part expounds the risk society due position and actual status of criminal law legislation,legislation can be divided into criminal legislation and penal legislation through the game and considerations of risk,legislation should uphold the crime ring is positive legislation combined with tolerance legislation,limited positive legislation,that of reality situation circle of tolerance is a crime in active legislation trend.For penalty legislation,it is its due position to go severe punishment,and the actual situation is also strict and loose.The third part of this paper expounds the due position and actual situation of criminal law and judicature modesty in risk society.Based on the guidance of the proper position of penalty legislation,the proper position of the judicial level is actively modesty,balance the excessive severity of legislation,and achieve the balance of risk and modesty of the criminal law as a whole.In the actual situation,it is found that the application rate of judicial modesty measures such as exemption from punishment,non-imprisonment and parole is very low in China,which is not conducive to judicial modesty.In the fourth part,based on the above description,from the legislative and judicial levels to explore the realization of criminal modesty path.Legislation should adhere to the minimization principle of legislation,while leaving space for judicial modesty.At the judicial level,the application rate of judicial modesty measures should be improved.Only in this way can we give consideration to security and freedom and realize the overall modesty of criminal law.