西南石油大学学报(社会科学版) ›› 2019, Vol. 21 ›› Issue (1): 85-92.DOI: 10.11885/j.issn.1674-5094.2018.09.28.01

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Deviation in the Theoretical Studies on Risk Criminal Law

MO Xiaoyu, CHEN Chunqiang   

  1. Law School, Sichuan University, Chengdu Sichuan, 610207, China
  • Received:2018-09-28 Online:2019-01-01 Published:2019-01-01

Abstract: Social risk is not equal to criminal risk, but they overlap each other in that social risk can be changed into criminal risk through criminal policy. The risk criminal law is a "conscious" result of modern criminal law's encounter with risk,and it is the homogenous component of modern criminal law system. China is now in the risk society, which is manifested in serious damage to public security and public interest, and the increase in the quantity of the shift of major social conflicts. In response to risk society,risk criminal law theory can contribute to the construction of a harmonious integration of social system and law. The theoretical studies of risk criminal law should be launched in respects of reality and the necessity, focusing on dogmatic researches on risk criminal law and on prevention of risks through criminal law respectively.

Key words: risk society, risk criminal law, risks, dangers, major social conflicts

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