论文部分内容阅读
风险已成为当今社会最显著的时代特征,这使得传统刑法理论体系面临巨大挑战。作为刑法的基本原则,责任主义的危机可以说是当代刑法困境的典型缩影,严格遵循以主观原则和个人原则为内容的责任主义,在很多情况难以适应风险社会的刑事政策要求。在安全刑法这一新的角色定位下,应重新权衡社会安全与人权保障,刑法的责任原则的单一格局需要予以调整,而风险责任与社会连带责任在风险社会的特定领域中应该值得提倡。
Risk has become the most prominent characteristics of the times in today’s society, which makes the traditional criminal law theoretical system is facing great challenges. As the basic principle of criminal law, the crisis of responsibility can be described as a typical microcosm of the contemporary criminal law predicament. It strictly follows the responsibility doctrine of subjective and personal principles, and in many cases it is difficult to meet the criminal policy requirements of risk society. Under the new role of safety criminal law, the social security and human rights protection should be weighed again. The single pattern of the responsibility principle of criminal law needs to be adjusted, and the risk responsibility and social responsibility should be advocated in the specific area of risk society.