重庆理工大学学报2024，Vol.38Issue(2)：131-140,10.DOI:10.3969/j.issn.1674-8425(s).2024.01.011
扩大犯罪圈的立法逻辑与价值导向
On the logical choice and value goal of expanding the criminal circle in criminal law
摘要
Abstract
Under the guidance of the positive view of criminal law,the main trend of criminal law revision in recent years is to expand the criminal circle by adding new charges and changing the constituent elements of crime.The establishment of abstract dangerous crime,the change of result crime into plot crime or specific dangerous crime,and the criminalization of helping behavior all make the criminal law reach deep into the traditional field of administrative governance because of the reduction of the threshold of crime.However,in addition to criminalizing breach of trust,the expansion of criminal law has not crossed the boundary of personal punishment in public law sanctions.In the face of non-traditional security threats,legislators set up restricted areas of behavior in cyberspace and new economy,which not only has the nature of criminalization,but also highlights the role of the final guarantee law of criminal law;As for reducing the threshold of crime in response to the needs of epidemic prevention and control,it is also in line with the dialectical unity law of legal stability and adaptability,and it seems to be a climate to amend the law,integrate public law sanctions and improve its judicialization.However,criminalization does not have inherent legitimacy after all.In order to ensure that the criminal law is always positioned to"protect the people",legal interests should still be the axis of delineating the criminal circle.关键词
风险社会/刑法修改/积极预防性刑法观/犯罪圈扩大Key words
risk society/amendment of criminal law/positive view of criminal law/crime circle expan-ding分类
社会科学引用本文复制引用
程炀,王利荣..扩大犯罪圈的立法逻辑与价值导向[J].重庆理工大学学报,2024,38(2):131-140,10.基金项目
重庆市教育委员会人文社会科学研究项目"湄澜次区域虚拟货币跨境洗钱问题研究"(23SKJD038) （23SKJD038）
