抽象危险犯的正当性与边界问题分析-analysis of legitimacy and boundary problems of abstract dangerous crime.docxVIP

1 1 2 2 Abstract Punishment legitimate foundationis one of the fundamental problems of HYPERLINK /penology penology, that is to say，there should be a good reason for the criminal penalties for any illegal action.However, abstract potential damage offense, as one of criminaltypes, which has no need for the real harm results with the specific risk for the constitutive requirements. It is essential to study the legitimacy of abstract potential damage offense, whose boundary must be strictly limited. There are three parts in the thesis paper, whose main body is more than 30000 words. The first part: Overview abstract potential damage offense. Firstly, this part defines the scope of abstract potential damage offense and the potential damage in abstract potential damage offense. Meanwhile, differentiateabstract potential damage offense ,idiographic potential damage offense and behavioral offence. Point out the object explored in this paper, which is the intensionandextention of abstract potential damage offense. Secondly, by analysis of the legislativeintent of the New and revisedabstract potential damage offense’s legislative pattern in Criminal Law Amendment (The eighth edition), this paper draws a conclusion as follows: based on the needs ofthe people’s livelihood, Chinese criminal legislation presents the trendency of expanding the scope of abstract potential damage offense, which HYPERLINK /thought-provoking isthought-provoking. The second part: study the legitimacy of abstract potential damage offense. The perspective of this part is mainly from macro to micro, as well as from theory to practice. First of all, investigate the legitimacy of abstract potential damage offense from the aspect of the value of criminal law, the setting of abstract potential damage offense shows that criminal law focuses on the realization of the order value. However, based on the the current situation, criminal law should pay more attention to the protection of the free value.Secondly,