The criminal law regulation of social risk and its model transformation

Author:Tao Jiang

Organization:School of Law

The form of the achievement:Journal Paper

Introduction: The article "The criminal law regulation of social risk and its model transformation" was published in the 7th issue of China Social Science in 2019, is a phased achievement of the key project of national social science "Research on constitutionality control of the criminal law system". This paper mainly analyzes that the root of the transformation from the response to a prevention function of criminal law in China is risk criminal law, which not only makes the structure of crime and punishment present the development trend of "four modernizations", but also makes the dogma of law show "five new" development characteristics. The innovative viewpoint of this paper is that the theoretical orientation and method selection direction of risk criminal law which is advocated is that we should attach importance to the basis of criminalization of "protection of legal interest + modesty of criminal law + investigation of consequences", advocate the innovation of dual crime mode, and interpret the limitation of collective legal interest. At present, the paper has been cited 8 times and downloaded 1680 times, and has been reprinted by the second literature "academic abstracts of Liberal Arts in Institutions ofHigherLearning" 2019, issue 5, Social Science Abstracts 2019, Issue 9, People's Congress,LawAbstracts 2019, issue 4 (quarterly), ProcuratorialDaily and other key journals and has been recorded in the database by the 2011 judicial civilization collaborative innovation center.