From the Age of Enlightenment focuses the tide of thought of modern criminal law on the protection of human right and freedom, and uses the principle of invasion and the theory of legal asset as the core of criminal theory. However, there are so many risks in the modern society that people have to punish the risks-creating behavior in advance. Under this trend brings it out lots of legislation on the abstract criminals. So, this paper discusses about two topics: as the latest social controlling way, how could the criminal law be used to punish the abstract criminals, and what should we do to set a limit of the punishment of the abstract criminals.