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德国社会科学家乌尔里希·贝克于1986年在其出版的《风险社会》一书中首次提出风险社会理论后,直至本世纪初,已经开始受到我国学者的普遍关注,法学界对它的关注尤甚。在刑事犯罪领域,德国弗莱堡大学乌·金德霍伊泽尔教授认为,除了自古以来的常态犯罪类型和犯罪人之外,目前也在很大程度上面临着“风险社会”(Risk Society)的挑战,刑法体系经历了重大的变迁。显然,在刑法的基本任务问题上,保护公民的自由和保障社会安全的取向不同成为了传统刑法和安全刑法的分野,这也是风险社会理论对法律的重大影响。在我国,许多学者认为,由传统的罪责刑法向安全刑法转向的根本原因是传统的罪责刑法不能满足法秩序共同体在风险社会
The German social scientist Ulrich Beck, who first put forward the theory of risk society in his book “Risk Society” in 1986, has begun to attract the attention of Chinese scholars until the beginning of this century. Especially In the field of criminal offenses, Professor U. Kinde Hoizsel of the University of Freiburg in Germany believes that in addition to the types of crimes and perpetrators since ancient times, there is also a large degree of confrontation with “risk society” Risk Society, the criminal law system has undergone major changes. Obviously, on the basic task of criminal law, the difference between the protection of civil liberties and the safeguarding of social security has become the distinction between traditional criminal law and criminal law. This is also the significant legal impact of the theory of risk society. In our country, many scholars think that the basic reason that the criminal law shifted from the traditional criminal law to the safe criminal law is that traditional criminal law can not meet the needs of the law-based community in the risk society