Abstract: The importance of technological innovation for the development of modern society is self-evident, but the series of risks and their harmfulness brought about by the process of scientific and technological innovation cannot be ignored. The practice of criminal regulations as a customary risk management tool is also receiving increasing attention. Close observation of China's criminal law can be found that China's criminal law is incapable of regulating the risks of scientific and technological innovation because of the "limitation of lawmaking of civil law" and "constraints of the principle of legality of crimes and punishments". At present, the concept of regulation, focusing on the priority of scientific and technological innovation means excluding the intervention of criminal law, and paying attention to the priority of criminal law system will also restrict the development of science and technology. Therefore, balancing the technological innovation and the time of criminal law’ intervention becomes the key to correctly solve this problem. In view of the large number of scientific innovation risks, in the future regulation process, on the one hand, the risk of science and technology innovation itself can be differentiated and regulated through objective imputation theory; on the other hand, the behavior that may abuse science and technology in the future should be added a “crime of abuse of science and technology” to respond.