关键词: 风险社会, 积极预防, 独立预备罪, 法益前置化, 自由刑法

Abstract: Risk society is a new type of social theory which is different from that of the pre-industrial society. The arrival of a risk society will inevitably bring an impact on criminal legislation. Currently,with the safety of civil aviation as the first priority, it has become a more severe challenge to balance civil aviation security and individual freedom in the risk society. Prevention of aviation crime should not differ from traditional criminal law in the risk society. Overemphasis on the disadvantages of the risk society will naturally bring about a stand of strict punishment and deterrence. The purpose of criminal law is to prevent crime. Aviation crime is no different from the other crime and this purpose also applies to the treatment of aviation crime. It should not be considered as a completely new field and the criminal behavior needs to be treated with tougher punishment. Aviation crimes are within the scope of traditional criminal law in the current risk society.

Key words: risk society, active prevention, independent preliminary crime, legal benefit fronting, liberal criminal law