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Risk of Cirminal Law Theory Research

Author: YaoZuo
Tutor: ZhengMuMin
School: Jishou University
Course: Jurisprudence
Keywords: Risk of criminal law legitimacy dangerous China’s criminallegislation
CLC: D914
Type: Master's thesis
Year: 2013
Downloads: 51
Quote: 0
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Abstract


The theory of risk of criminal law is the birth of a new kind theory of criminal lawwhich is to control great dangerous of social behavior effectively at the background ofrisk society, risk society theory and the shortcoming of the theory of traditional criminallaw are the origins of the theory of risk of criminal law.The theory of risk of criminal law argues that criminal law system is faced withchanges by the crime criminal law to the safety of the criminal law with the advent ofrisk society. Considering the protection of legal interest ahead and objective imputationand preventive punishment, Safety should be the basic value orientation in risk society’scriminal law. Specifically, in the legislation, increase the provisions of the dangerouscrimes, will be attempted some preparation, the nature of the behavior rules forindependent crime constitution type, increasing the number of holding type crime andpunishment range heavy personal risk and so on to develop the function of criminal lawto control risk, to protect social security.However,to a great extent, the theory of risk of criminal law is deviated from thebasic principle and the spirit of traditional criminal law, containing the threat ofinfringement of freedom and human rights, the risk of violation of the austerity ofcriminal law principle, hindering the development of the science and technology andeconomic.Since its birth, the opposition and criticism of the theory of risk of criminal law hasnever been stopped, in the21st century, the introduction of risk in our country criminallaw theory, our country academic circles surrounding its legitimacy formed in favor ofthe theory, against theory, compromise theory, etc. This paper argues that, from thelegitimacy of criminal law, criminal law to risk, China should hold exceptionally, that is,what is the principle, the behavior is an exception. When carries on the risk of criminallaw legislation in our country, should be given full consideration to affect the risk ofcriminal law as two factors: the complexity of the criminal law system;the boundariesbetween the crime and non crime. To ensure legitimacy of legislative techniques:theabstract dangerous crimes legislation narrowed the technology and risk assessment. Asthe essences of theory, thesis ends with legitimacy theory as the inspection standard,combed the risk in our country criminal law legislation present situation, analyzes thelegislative deficiencies, on this basis put forward legislative proposals to improve:moderate extension risk scope of crime of the criminal law;Moderate extension risksthe constitutive requirements of criminal law, including expanding the main responsibility, criminal standard front as well as to the related public policyconsiderations.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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