The Criminal Law Is Humble Study Of A Number Of Issues

With the civilization process of human society, "ultima ratio penalty" is laid emphasis on gradually. But the research about "ultima ratio penalty" is not entirely as desired to be. Such as: Whether emphasis on "ultima ratio penalty" may indulge crime or not? What on earth the status of "ultima ratio penalt" in the system of criminal law? Meanwhile in construction of law society in China, although perhaps the criminal legislation's consummation is the present urgent matter and criminal law consummation are the most important things holding backward advantage to establish good futon for the criminal legislation's advancement to society and involvement in social life and the penalty affable and humanity without doubt.This article altogether divides into five parts:The first part, Introduction. This part has discussed reason and the research significance of the research of the "ultima ratio penalty ".The second part, Connotation limits: the implication of the "ultima ratio penalty". This part introduced and has evaluated the theory dispute about the "ultima ratio penalty" connotation, and based on this diction it proposed that criminal law modest and restrained don't repelled the criminal law's essential involvement in the social relations by no means, but based on criminal law's supple mentality and criminal law efficient request, for correct coordination and precise discrimination between criminal law with and other department's regulative scope, that requests criminal law not only cracked down on the crime but also do not to encroach upon other department's domain effectively, to go on prudent examination the for criminal law's involvement in social life's necessity and the involvement width and the depth.The third part, Criminal law modest and restrained foundation. First, looking from the social foundation, the criminal law modest and restrained root in the residential society and the political country dual structure's formation, and came up with the correct understanding of "ultima ratio penalty" through the quite near modem criminal law with the ancient times cautious punishment thought's similarities and differences of modest and restrained. Next, criminal law modest and restrainer's political basis. Regardless of under pure democracy system to prevent most people's tyranny, or restrains under the representative system democratic system represents exercising the authorization correctly, that all needs the criminal law modest and restrained restraint criminal activity legislation to prevent the legislative power the dissimilation. Once more, criminal law modest and restrained legal principle theory of law foundation. First obtains from the analysis criminal law's supplement and the economical attribute, to stress that the criminal law needs to involve the social relations limitedly, which thus causes the criminal law performance for modest and restrained; Then through the analysis of criminal law function's limitation, thought that criminal law by no means multi-purpose, it should adjust the social life prudently.The fourth part, localization of "ultima ratio penally". This par have thoughts in its evaluation's foundation: After our country 1997 year Criminal Law promulgation implementation, in the legislates form it determined guilt the criminal law to decide, all people being equal and the responsibility in front of firmly the criminal law, although the educational world thought that the basic law principle of the criminal law is not limited to this, but other principles are only the scientific theory summary and the conception, does not have the standard significance, so based on this kind of reality, I thought that from the truthful angle , the criminal law modest and restrained is one kind of criminal law value; From should however the angle, "ultima ratio penalty" should be supposed to be the criminal law basic principle. Then, truthully however and should however the angle carry on the concrete proof. In should however the angle aspect, from necessity of the basic principle, the feasibility as well as conforms to the basic principle request three aspects to carry on the system elaboration specifically.The fifth part, performance of "ultima ratio penalty". The article thought that the criminal law modest and restrained should display in two aspects: First, the accurate limits of the penalty intervenes' scope of "ultima ratio penalty", in this aspect, it has first analyzed feasibility and the necessity of the criminal law involvement in social relations, then proposed concrete measurable of the criminal law involvement; Second, the punishment modest and restrained is the penalty affable, inspected the penalty affable historical development path. In this part, it has analyzed the penalty affable value basis, based on this it has pondered some suggestion in view of our country penalty affable suggestion.