On Rational Response of Criminal Law to a “Risk Society”

Abstract

Currently, on the basis of a generalized understanding of “ Risk Society Theory” by Ulrich Beck, the notion of responding to “risk society” through expanding criminal legislation and judicature to attain risk control and prevention is put forward by Chinese scholars. This notion, however, will definitely break through the traditional concept of culpability and shake the foundation of traditional criminal law in such respects as legal interests infringement, causal relationship and doctrine of liability fixation, leading to a risk in criminal law application. In consequence, the priority now is to truly grasp the definition of “risk society” and rationally deal with social risks. In the face of risk, the criminal law shall not only face up it, but also rationally strike a balance between risk prevention and protection of human rights, scrupulously abiding by the fundamental philosophy of criminal law.