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Abstract Potential Damage under Risky Society

Author: ShangYuZuo
Tutor: ZhangTianHong
School: Shanxi University
Course: Criminal Law
Keywords: Risk society Abstract potential damage Dangerous driving
CLC: D924.11
Type: Master's thesis
Year: 2013
Downloads: 70
Quote: 0
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Abstract


After Ulrich Beck firstly came up with the concept of risk society, this theory has become major topic of discussion. The risk here is quite different from its traditional meaning because of its characteristics of imperceptibility, incalculability, globalism as well as artificiality. We should not take borrowed method or partially emphasize right protect or social safety when face up risk society, instead, the interests of the majority should be deeply considered. Against this background, the function of criminal law has changed from retribution to prevent and control risks, which is specifically embodied in aspects of ideas of legal interests, the principle of accountability and criminal policies. Moreover, the direct reflection of these changes is the expansion of potential damage in legislation. To this article, abstract potential damage is defined as typed dangerous action, which is different from the legal nature of the attempt; the distinction of abstract potential damage and concrete potential damage is not depends on extent of danger, but attitudes towards different legal interests; the expansion of abstract potential damage should also be limited in terms of both legislation and judicature. Besides, to analyze related abstract potential damage, the article highlights the crime of dangerous driving and crimes in producing and selling areas. To the former, two questions will be discussed:is it necessary to judge the danger in crime of dangerous driving? What’s the form of liability of the crime? To the latter, the article talks about ranges of protection on legal interest and then make a clinical examination of changes on the relevant crimes in legislation.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Crime
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