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随着人类进入风险社会,社会公众的安全感由此比以往更为降低,社会对刑法的安全需求日益强烈,为了应对风险,有必要制定风险刑法,转变刑法被动局面。在风险刑法中,坚持行为无价值论,将刑法防线提前,以风险刑法弥补传统刑法功能上的不足和漏洞,达到维护社会秩序,强化刑法的预防功能。
As human beings enter the risk society, the social public’s sense of security thus becomes lower than ever before. The society has an increasingly strong demand for the security of criminal law. In order to deal with the risks, it is necessary to formulate a risk criminal law and change the passive situation of criminal law. In the risk criminal law, insist on the theory of valuelessness, advance the criminal law defense line, make up the insufficiency and loophole of the traditional criminal law with the risk criminal law, so as to maintain the social order and strengthen the preventive function of criminal law.