风险社会下,刑法中大量出现行政犯、推行严格责任并没有构成对罪责原则的毁灭性破坏;面对法益概念出现的具体向抽象、个人向超个人、人本向非人本的嬗变,引入宪法性法益概念、建立违宪审查制度可以避免法益功能的弱化;抽象危险犯在风险刑法中的日益增多是由其功能吻合风险特点所决定的,可以采取恰当的刑法解释方法避免其弊端;归责理论的变迁是刑法对风险社会的有效回应,并没有扼杀主观罪责在定罪归责中的积极作用。 Under the risk society, a large number of administrative criminals appear in the criminal law, and the strict liability does not constitute the devastating destruction of the principle of guilty. In the face of the concrete changes from the concept of law and interests to the abstract and individual to transpersonal and human to nonhuman, The concept of constitutional benefit, the establishment of unconstitutional review system can avoid the weakening of the function of legal interest. The increasing number of abstract dangerous criminals in risk criminal law is determined by their functionally consistent risk characteristics, and appropriate criminal law interpretation can be adopted to avoid their disadvantages. The change of the theory is an effective response to the risk society by the criminal law. It does not stifle the positive role of subjective guilt in the criminal conviction.