Today China witnesses a trend for the various social risks formation caused by a fast rate of economic growth and a high level of differentiation in social relations. In order to cope with a great number of such risks, China has to constantly improve criminal legislation, among other things, by criminalizing certain publically dangerous actions. The goal of the authors is to determine the borders between criminalization and decriminalization in Chinese criminal legislation, which should correspond to the general level of social development and criminal situation in the country.
当今中国,经济高速增长和社会关系高度分化导致各种社会风险的形成。为了应对大量此类风险,中国必须不断地完善刑事立法,其中包括将某些公共危险行为定为刑事犯罪。笔者的目的是确定中国刑事立法中刑事犯罪与非刑事化的界限,使刑事立法与中国社会发展的总体水平和犯罪形势相适合。