The Restrained Nature Of Criminal Law

Criminal Law Modest and restrained as a spirit and a principle is the value of the pursuit of the modern penalty system. Criminal Law Modest and restrained has eased the rigors of the Criminal system,and Criminal Law Modest and restrained is the development direction of modern civilization.Criminal Law Modest and restrained restrict criminal tools and uphold human rights, freedom and justice to ensure that carry on expectations of the legal system. In recent years, there have been some controversial cases, such as " Ting Xu case", "Liang li Case", etc.In these cases, people began to examine the limitations of their own criminal law, and the public and judges values of criminal and law scholars had opposed the law, and the people can not given the legal decision agree on emotion. In such a conflict Criminal Law Modest and restrained is mentioned in the subject. Although China's legal theory has been proposed Criminal Law Modest and restrained in the early period in the theory, but did not get too much attention to judicial practice and the rule of law in the country life.The Criminal Law Modest and restrained is almost no material impact on criminal legislation and criminal justice and criminal theory, while the present stage of the criminal law system has not yet formed Criminal Law Modest and restrained. This article describes the system of Criminal Law Modest and restrained, and make Modesty in criminal law as a guide for our criminal theory and criminal legislation and criminal justice to make relevant recommendations.This paper describes is divided into five parts:PartⅠ: "Xu Ting case", "Liang li case" reflection. In this section, the author will analysis of the two cases as an opportunity to elicit discussion of the relevant Criminal Law.PartⅡ: Overview criminal Law Modest and restrained. In this section, the author will discusses the implications of Criminal Law Modest and restrained, and differentionand relations of Criminal Law and related criminal justice system (the criminal policy of combining punishment with leniency, the no crime of criminal law) and the function. of Criminal Law Modest and restrained.PartⅢ: the theory of Criminal Law Modest and restrained .In this section, the author will explore the ethical basis , norms basids and the constitutional basis for Criminal Law Modest and restrained in order to demonstrate the rationality and legitimacy of the norm.PartⅣ: the history of Criminal Law Modest and restrained in China. Criminal Law Modest and restrained is a imported legal concept, but we can still see the guiding principle of criminal law and the relevant legal provisions in ancient China, Criminal Law Modest and restrained in ancient China has been reflected in our thinking which provided an opportunity to know our modern criminal law Criminal Law.PartⅤ: The Realization of Criminal Law Modest and restrained. In this section, the author will analyze the absence of the spirit of modesty in the criminal justice system at the present stage, and claims to criminal law provisions of Article 13 as a starting point.Finally we will achieve Criminal Law Modest and restrained in the theory of criminal law, criminal legislation and criminal justice .