Approach to Functionalization of Criminal Law in Risk Society

Abstract

Criminal law in risk society shows the trend of functional development. The principle of criminal responsibility which is the cornerstone of the justification of punishment has broken through its dysfunction and created the theory of crime prevention, which has effectively solved the conflict between the principle of criminal responsibility and the purpose of punishment in traditional criminal law theory. Legal interest which is the core of criminal law has deviated from its original intention because of the increasingly broad scope of subsumtion. Therefore, it is the evitable way for legal interest to break through the dysfunction to maintain the principle of legal interest.