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本书以风险社会为基本背景,采取动态的视角探究刑法规范与制度的演变及其实质。上篇着眼于宏观层面,在梳理风险社会理论与刑法体系之间关系的基础上,对刑法体系所经历的重要变动作出勾勒,并就我国刑法理论该何去何从的问题表达了看法。风险社会中,刑法体系始终面临如何在权利保障与风险控制之间保持平衡的问题。刑法的预防走向对刑事法治构成重大威胁,有必要在正视预防的前提下,强化刑法
This book takes the risk society as the basic background, and takes a dynamic perspective to explore the evolution and essence of the norms and systems of criminal law. On the macro level, on the basis of combing the relationship between the theory of risk society and the criminal law system, this article gives an outline of the important changes that the criminal law system has undergone, and expresses its views on the question of what to do with the theory of criminal law in our country. In a risk society, the criminal law system always faces the problem of how to strike a balance between rights protection and risk control. The prevention of criminal law poses a significant threat to the criminal law and order. It is necessary to strengthen criminal law on the precondition of prevention