风险社会下公害犯罪之抽象危险犯

在比较具体危险犯与抽象危险犯的基础上，探讨抽象危险犯的特征、设置抽象危险犯的价值以及将污染环境犯罪、食品安全犯罪设置为抽象危险犯的问题。认为:随着风险时代的到来，公害犯罪成为社会面临的严峻问题之一。为实现对公害犯罪的有效防控，中国刑事立法应加强风险刑法的立法与实践，系统引入抽象危险犯的理论，并将污染环境犯罪、食品安全犯罪等犯罪行为设置为抽象危险犯。

Abstract Potential Damage Offence of Public Nuisance Crime in Risk Society

Based on a comparison between concrete damage offence and abstract potential damage offence, the paper discussed the characteristics of abstract damage offence, set up its value and treated environmental pollution and food safety offences as abstract potential damage issues. It put forward that with the coming of the risk age, public nuisance crime becomes a very serious issue faced by the society. In order to effectively prevent public damage offences, the legislation of China's criminal law should strength the legislation and practice of risk laws, systematically the theories of potential damage offence, treating environmental pollution and food safety offences as abstract potential offences.