Abstract: The risk criminal law study shows unfolding prosperity. But at the same time, there exists theoretical errors in the current risk criminal law research: firstly, there is the generalizd understanding of the connotation of risk society; secondly, some scholars negate the function of risk criminal law, and thirdly, some scholars blindly exaggerate the function of risk criminal law. These errors restrict the risk of criminal law theory research and development, which not only makes the risk criminal law lack of common platform, but also leads to the fact that the criminal law can’t answer the challenge of the development of the society. Therefore, it’s necessary to clarify the misunderstandings and accurately locate the role of risk criminal law, thus specifying its relations with risk society and and conventional criminal laws.