关键词: 风险社会, 矿产资源开发, 公害犯罪, 刑事政策, 风险刑法

Abstract:

The key to responding to the risk society is to realize balance and justification in risk distribution，and the important
function of criminal law in the risk society is to promote diversification in social risk distribution. Aiming at preventing problems
caused by mineral resources development，the criminal law introduces the abstract potential damage to increase the criminal
risk and intensify the trouble makers’awareness of their obligation of preventing public hazards；however，it fails to break
the simple pattern of risk distribution. The criminal law should contribute to promote the diversification in risk distribution by
realizing diversification of risk bearers in the development of mineral resources，and by convicting the conduct of refusing to
fulfill obligations of restoration and treatment of ecological environment. Meanwhile，related supporting people should also be
more seriously investigated for their criminal liability. We should build a new type of risk distribution pattern and supervision
system by positive criminal system in order to promote the implement of positive and general preventive function of criminal
law

Key words: risk society, mineral resource development, the crime of public hazard, criminal policy, criminal law of risk