Risk Society and Symbolization of the Modern Criminal Law

 

Title
Risk Society and Symbolization of the Modern Criminal Law
Author
Chen-Chung Ku
Keywords
Risk Society, Modern Criminal Law, Symbolization of Criminal Law, Legal Assets, Ultima Ratio, Abstract Strict Liability Tort
Abstract
The modern criminal law under risk society is made to reduce risks and be
sure of social security. In addition, mode of rule is purely symbolic and is applied
specifically to the area of environmental pollution, financial market, drugs, food
sanitation, tax evasion, computer system invasion and terrorism etc. As well, symbolization
of criminal law results to abstraction of legal interests makes a great
amount of abstract strict liability tort, and targets on risk prevention. However, to
prevent criminal law from being a method of flexible social domination, its structural
development shall insists on state under the rule of law and principle of rational
risks. Further, punishment as policy discourses in positive crime prevention
to the publics, the legislation of criminal law shall be based on theory of legal personal
assets and balance of injustice and guilt.
Abstract Article

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