| In recent years, the guiding ideology on legislation in China has emphasized the promotional and leading role of the criminal law in social life, thus providing a strong ideological support for the development of preventive criminal law. In the areas of counter-terrorism and cyber-crime, preventive criminal law has transformed from dispersive and sporadic provisions into typological legislation. The emergence of preventive criminal law (including that in China) is just one sign of the overall value transformation of law in modern society, which is the result of the improvement of state functions and powers and bases its legitimacy on democratic politics. It is closely linked to the lack of validity of the existing non-criminal laws and regulations, and shows the increasingly strong symbolic significance of modern criminal Law. The security of order sought by criminal law has a dual meaning:criminal law needs not only to punish crimes and maintain the security of social order, but also to restraint the punishment power of the state and maintain the stability of the criminal law. Preventive criminal law actively pursues harm prevention and social control. Meanwhile, it is also faced with the risk of blurring of the boundary of the criminal law resulting from excessive expansion. Confronted with information society and risk society, the development of preventive criminal law in China is inevitable and effective prevention and reduction of the negative deconstruction of the rule of law in criminal law will become an important research subject. To control the excessive expansion of preventive criminal law, measures should be taken both in the field of constitutional law and in the field of criminal law. Currently, the relaxation or abandonment of the principle of "criminal law as the last resort" lacks legal basis and relevant institutional support, and therefore must be opposed. |
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