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随着我国社会经济和互联网的快速发展,社会风险日益加剧,而传统的刑法没有全面地对时下存在的风险作出回应,因此风险刑法应运而生。风险刑法把刑法扩大化、全面化,以创造安定的社会秩序。文章通过研究风险刑法的概念、风险刑法与传统刑法的差异、风险刑法的界定,并对风险刑法的价值和适用方面进行合理分析,以期找到风险刑法的价值和合理的适用。
With the rapid development of social economy and the Internet in our country, the social risk is aggravated day by day, but the traditional criminal law does not respond to the current risks comprehensively, so the risk criminal law came into being. Risk criminal law to criminal law to enlarge and comprehensive, in order to create a stable social order. By studying the concept of risk criminal law, the difference between risk criminal law and traditional criminal law, the definition of risk criminal law, and the reasonable analysis of the value and application of risk criminal law, we hope to find out the value and reasonable application of risk criminal law.