论文部分内容阅读
面对当今社会的复杂形势,我国刑法理论问题也受到了许多质疑的声音,这不仅是由于风险社会意识带来了更多的社会变量因素,以及风险刑法理论并没有能够真正完全适应风险社会的理论,同时在针对社会风险因素的划分上也没有明确的概念,这不仅造成一些重要概念的混淆,甚至对社会风险的范畴严重曲解。因为风险刑法理论提出的基础是以传统社会对风险的认识为出发点的,而没有真正的了解到风险社会中的各个风险变量,因此无法完成在当今风险社会中的理论转变。本文主要针对了风险社会下风险刑法理论应当遵循的改进渠道进行了分析,并划分出准确的风险社会视域下的风险刑法理论范围,然后分析了风险刑法理论所遭受的批判,并针对批判进行反思,以期对提高我国风险刑法理论对风险社会的适应水平有重要的参考意义。
Faced with the complicated situation in today’s society, China’s criminal law theory has also been questioned by many voices, not only because of the risk of social awareness has brought more social variables, and risk theory of criminal law did not really fully adapt to risk society Theory. At the same time, there is no clear concept for the division of social risk factors. This not only leads to the confusion of some important concepts, but also misinterprets the category of social risk. Because the theory of risk criminal law is based on the traditional society’s understanding of risk as the starting point, but did not really understand the various risk variables in a risk-based society, it can not complete the theoretical changes in today’s risk-based society. This article mainly analyzes the improvement channels which the criminal theory of risk under the risk society should follow, and divides the scope of the theory of the risk criminal law from the perspective of an accurate risk society. Then it analyzes the criticisms of the theory of the risk criminal law, Reflection, with a view to improving China’s risk theory of criminal law to adapt to the level of risk society has important reference value.