On Limiting the Scope of Application of Abstract Dangerous Offenses through Counterproof

DOI: https://doi.org/10.62517/jel.202614119

Author(s)

Longwei Pang

Affiliation(s)

School of Law, Xinjiang University of Finance and Economics, Urumqi, Xinjiang, China

Abstract

Against the backdrop of modern risk society, the expansion of abstract dangerous offenses in China's criminal legislation exhibits an excessive tendency. This paper advocates establishing a principle permitting rebuttal of the dangers inherent in abstract dangerous offenses while strictly limiting their scope of application. By allowing defendants to demonstrate that their actions could not have caused any legal harm under specific circumstances, a balance can be achieved between the "formal rationality" presumed by legislation and the "substantive rationality" of case-specific justice. Concurrently, the supplementary status of abstract dangerous offenses should be recognized, with their application explicitly requiring compliance with the principles of proportionality and legal interest protection. This restrictive approach upholds the fundamental role of criminal law as both a safeguard of legal systems and a guardian of individual freedoms.

Keywords

Abstract Danger Offense; Admissibility of Counter-evidence; Proportionality Principle; Legal Interest Protection; Presumption of Danger

References

[1]Yu Runzhi. De-labeling and Standard Reconstruction of Danger Assessment in China's Dangerous Offenses. Global Legal Review, 2025, 47(05):157-173. [2]Zhang Yunwei. A Study on the Nature of the Act of Issuing Fake VAT Special Invoices. Special Zone Economy, 2025, (10):112-115. [3]Zhao Hao. Legislative Interpretation and Theoretical Correction of the Crime of Issuing Fake VAT Special Invoices: An Analytical Approach Based on Abstract Risks of Intangible Forgery. Taxation and Economics, 2025, (06):24-34. [4]Zhang Mingkai. Legislative Presuppositions and Judicial Judgments on Abstract Dangerousness. Law and Business Research, 2025, 42(01):39-57. [5]Cai Shen. On the Structural Principles of Abstract Dangerous Offenses: An Approach Based on the Essence Judgment of Abstract Danger. Nanjing University Law Journal, 2024, (05):73-86. [6]Xu Binzhe. Theoretical Justification of Counter-evidence in Abstract Dangerous Offenses. Modern Legal Science, 2024, 46(05):147-161. [7]Zhou Guangquan. The Application of Criminal Law Rules Favoring the Principle of Doubt in Favor of the Defendant. Legal Research, 2024, 46(03):156-173. [8]Qin Yutian. Logical Elucidation and Path Development of Procedural Acquittal in Drunk Driving Crimes. Journal of Henan University of Engineering (Social Science Edition), 2025, 40(03):62-72. [9]Li Zhi. On the Substantive Review of Indirect Risks in Abstract Dangerous Offenses. Global Legal Review, 2023, 45(01):192-208. [10] Jiang Tao. Legislative Transformation and Recodification of Modern Criminal Law. Chinese Journal of Criminal Law, 2023, (02):20-36. Zhang Mingkai. Criminal Law Protection of Collective Legal Interests. Law Review, 2023, 41(01):44-58.