On the Basic Problems of Criminal Law in Risk Society
Zhan Hong-xing
Abstract
Zhan Hong-xing
Abstract
Criminal law in risk society is a criminal law concept to deal with the risk.Its basic task is to guard against the risk.It emphasizes on behavior worthless and general prevention of punishment.It is in favor of objective causal attribution theory in the causal relationship area.Although criminal law in risk society has a positive effect in resolving the risk,it is contrary to the basic principles of traditional criminal law and the modesty of criminal law.Meanwhile the boundaries of punishment are not clear.Respond to the challenges of risk society,our criminal law response is not a departure from its basic position and function,but defenders of Modesty and diverse governance practices of crime.
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Criminal law in risk society is a criminal law concept to deal with the risk.Its basic task is to guard against the risk.It emphasizes on behavior worthless and general prevention of punishment.It is in favor of objective causal attribution theory in the causal relationship area.Although criminal law in risk society has a positive effect in resolving the risk,it is contrary to the basic principles of traditional criminal law and the modesty of criminal law.Meanwhile the boundaries of punishment are not clear.Respond to the challenges of risk society,our criminal law response is not a departure from its basic position and function,but defenders of Modesty and diverse governance practices of crime.
Key concepts: Criminal law, Punishment (psychology), Law, Proportionality (law), Risk society, Theory of criminal justice, Political science, Guard (computer science)