Approach to Functionalization of Criminal Law in Risk Society

• 영문명: Approach to Functionalization of Criminal Law in Risk Society
• 발행기관: 원광대학교 법학연구소
• 저자명: Zhang Jing
• 간행물 정보: 『원광법학』제39권 제2호, 209~223쪽, 전체 15쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

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.

목차

1. The overview of risk society and modern criminal law

2. Functionalization of the principle of criminal responsibility

3. Functionalization of the principle of legal interest

4. Conclusion

키워드

risk society functionalization of criminal law preventive criminal responsibility legal interest