In recent times, it is apparent that there are the trends of the toughening of punishment, the expansion of punishment range and the acceleration of punishment period in Japan, on the background of the nation’s anxiousness so called the aggravation of the perception of public order and security, despite the number of crime itself does not increase and crime does not increase brutality. I can see this is because of the indication of the nation’s desire for risk control in the risk society. It seems that this type of symbolic legislation does not aim to enhance effectiveness but just to decrease the nation’s anxiousne.ss. And this type of legislation can lead to the way that punishing some acts apart away from the actual violation of the interests protected by law (Rechtsgutsverletzung). and it could be suspected to violate the principals both of acts and responsibility in terms of posing severer punishment that loose a balance of crime and punishment. Moreover, it can run into the dysfunction even as the tool of risk control by inciting nation’s anxiety.