Criminal Law Must Be An Instrument Of Ultimate Resort

According to the recently development of criminal justice in China, It is no hard to find the fact that the crimes is getting more and more serious, and The legislation of criminal law seems to function in the one way on criminology. This situation forces us to survey the legislation and justice of criminal law nowadays. So we have to study the scale of the intervene of criminal law on social society. That is the purpose of this paper.Undoubtedly, It is a great culture conflict when we refers to the ideality that criminal law must be an instrument of ultimate resort in today' s circumstance. In the social aspect, it is still a long way to go , in the professional aspect, it is also very hard to prescribe crimes in a reasonable and particular way because the lack of the research on the ideality that criminal law must be an instrument of ultimate resort. I tend to study the theoretic foundation and the merit of the ideality and furthermore I made a primary study on the realization of this ideality given the circumstance in China.There are three parts expect the introduction and epilogue part in this dissertation.The first part discussed the theoretic foundation the ideality,The second part I analysis the merit of the signification of the ideality.The third part is the study on the realization of the ideality in China, including the exterior condition and the interior condition, last but not least , I expatiate the three aspects of the way to accomplish.Criminal law must be an instrument of last resort. It must be used as little as possible. The message must not be diluted by overkill. Society' s ultimate weapon must stay sheathed as long as possible. The watchword is restraint - restraint applying to the scope of the criminal law, to the meaning of criminal guilt, to the use of the criminal trial and to the criminal sentence.