风险社会是科技急速发展的结果,也是社会发展必须接受的现实。为适应无处不在的风险,不少国家采取了新自由主义策略,但这无可避免地加剧了个人的危机感。风险社会学家对此进行了理性反思,提出解决问题的方法应该是价值理性的回归,重建社会信任。在刑法领域,信赖意味着宽容,意味着行为人不必负担过重的注意义务,并限制国家刑罚权的发动,是法的中立性与均衡性的体现。 Risk society is the result of the rapid development of science and technology as well as the reality that social development must accept. In order to adapt to the ubiquitous risk, many countries have adopted a neo-liberal strategy, but this inevitably aggravates the sense of personal crisis. Risky sociologists have rationally reconsidered this and proposed that the solution to the problem should be the return of value rationality and the reconstruction of social trust. In the field of criminal law, trust means tolerance, which means that the actor does not have to bear the heavy duty of care and limits the initiation of the penalty power of the state. It is the manifestation of the neutrality and balance of the law.