风险刑法理论的困境与展望

The Dilemma and Expectation of the Theory of Risk Criminal Law

风险刑法理论是应对现代社会不断增多的风险所形成的刑法新晋理论,其所推崇的控制风险的理论传统刑法理论造成了极大的冲击,风险刑法理论便有其存在的价值,只不过在具体的立法以及司法适用上要厘清两者之间的关系,坚持以传统刑法理论为主、风险刑法理论为辅的原则,从而规避风险刑法侵犯人权的弊端,体现风险刑法理论的价值。

Risk criminal law fills the gap of traditional criminal law in undefined concept, which supplies a new way to deal with social risk. However, as the existence of its own problems such as unstable theoretical basis, violation of the modesty principle as well as the reduction of human rights, risk criminal law has been criticized by criminal law circles, which results in his dilemma. But as long as social risk exists objectively, risk criminal law will always have the reasons to live, on condition that the relationship of risk criminal law and traditional criminal law can be handled appropriately.