In criminal legislation, the risk is only a large number of existing. But the actual criminal law research, has made serious risk value, because of its many fundamental concepts of criminal law: the law of touching the nature, crime and crime establishment relations, achievements accomplished crime and division, action crime objective aspect of crime and the objective aspects of the corresponding and so on. Especially in the ancient society, the rapid growth of the risk has caused the legislators to apply the risk crime (especially the general risk crime). Is to make research, risk has become the pride of nations that criminal law science "". However, the "son" in the criminal law but Chinese look vaguely, open your deep research. This kind of faint, on the one hand China make itself weak research actual risk, not only from the perspective of crime type crime committed to discuss risk self value; on the other hand is also the source of conflict in the existing risk and make the actual Chinese German and Japanese criminal law introduced to make the actual risk, whether the two differences in construction the criminal legislation and criminal theory system. However, although we can not exist conflict, is not recognized, many concepts against the risk of criminal law of our country in practice, and the risk of harm to make up, make a detailed risk crime and general crime, and risk off risk make all originated from the German and Japanese criminal law practice. In China, research in risk crime in criminal law of Germany and Japan, the actual self needless to say. This article is to focus on the real results of the risk crime from the perspective of criminal legislation, judicial practice and practical research, relying on the criminal legislation of our country, and the detailed judicial theory of our country. This article is divided into four parts. The first part is the comparison between the criminal law and the criminal law of our country. German and Japanese criminal law legislation on the risk of crime has a long history, widely exists in many different fields from a criminal law for simple drunk driving for organized crime and terrorist organizations, and through the process of"...... "Risk" legislation is clearly divided into a crime type that is a general risk crime and a detailed risk crime. But the legislation of the risk crime in our country is relatively small, it is important to focus on public risk, food and medicine, and prevent the public health. But as a whole, the legislation of the risk crime in China is increasing. Through the process of this kind of increasing trend analysis, the author invented, this is due to the risk of committing themselves to have the special value of illegal regulation, especially the serious public law, the other hand, the "risk society" from the legal profession. The "risk society" "risk" is equal to the traditional criminal law cases were completely different "risk", therefore cannot consciously expand the risk crime especially general crime risk. The second section is the analysis of the actual comparison between the German and Japanese criminal law and the criminal law of our country. Our traditional criminal law practice, the risk of crime and crime, criminal action results are located in a type of crime accomplishment, which is an important reason for the actual risk chains make depth growth. The risk of crime as one of the fundamental types of crime, with verletzungsdelikte elements completely different, which is not only accomplished scale differences. China should create the reasonable core of the risks in the German and Japanese criminal law, from the new definition of the concept of the crime of criminal law, and clarify the relationship between action and outcome (legal interests damage). The third section is the type of the risk crime in the criminal law of our country and the detailed structure analysis. In German and Japanese criminal law, although there are over risk criminal legislation, the criminal law and in accordance with law and norm structure cover growth bias, but the actual situation of the current Chinese, it is difficult to make out the risk of admitted comprehensive spreading. Criminal law code of 330th, 332, 337 is not a model of the risk of a crime, its risk is to know the definition of the real harm that the hard. And the intention of risk, you can be divided into detailed risk and general risk, the standard structure of the two complete differences, must be hard to see. With the risk of committing the risk is the risk with the truth, cannot use "action to" replace the emergence of general risk risk, borrowing in German and Japanese criminal law that rules that stratification. The detailed risk is a kind of independent intentional type, which is different from the real harm. General risk is an offence in law in action that is the replacement of risk, the risk of a legislative presumption, cannot simple with the criminal code "thirteenth clause" clearly defined by the direct disposal of crime to stop. General risk 目录: |
