The Austerity Of Criminal Law Value Significance During The Period Of Social Transformation And Implementation

Today’s Chinese society is in a dramatic transformation. And in the reform andrestructuring of China’s criminal justice system, We need to guard against themisdemeanors tendency,and need to advocate the modestly restraining value of ourcriminal law. The modestly restraining value of our criminal law is about to inhibit themisdemeanors tendency. The generation of misdemeanors ’ tendency is closely related tothe current social reality. Based on this, I analyzed the causes of misdemeanors tendencyin today’s Chinese society and regard the modestly restraining as a kind of values of Themodern criminal law. I explained the importance of the modestly restraining value ofthe modern criminal law,and summed up the way about how to realize the modestlyrestraining value in both criminal law research and the practice of criminal law.Part Ⅰ Today’s Chinese society which is in a dramatic transformation has the followingcharacteristics:(1) High incidence of the phenomenon of social deviance;(2) Weakening ofsocial control;(3) Intense confrontation between the social classes;(4) Diversification of thesubjects of discourse power;(5) The universality and integrity of the social risk;(6) The relativebackwardness of the concept of social management.Part Ⅱ Summarized and analyzed the misdemeanors tendencies of today ’s Chinesesociety in the legislative, judicial and public opinion, and analyzed the causes ofmisdemeanors tendency.Part Ⅲ The modestly restraining is a kind of values of the modern criminal law. It is arelationship between human’s need of freedom and order and the Inherent functions andfeatures of modern criminal law. And in fact, the confrontations and conflicts between thecriminal law’s modestly restraining value and misdemeanors is the conflict betweenfreedom, order, justice.Part Ⅳ the importance of the modestly restraining value of the modern criminal law totoday’s Chinese society:(1)To promote social progress;(2) To Promote the rationalization ofcriminal legislation and judicial behavior;(3)To Save criminal justice resources;(4)To Nurture the spiritof social tolerance and resolve social conflicts.Part Ⅴ To achieve the modestly restraining value of criminal law, in the reaserch ofcriminal law theory,we need to advocate the reaserch method of “Stereo Criminal Law”.We need to insist on the theory of “Essentially illegal” and need to strictly limit the effectof “Risk Society”theory on the criminal law Research. And in criminal justice and thelegislative,we need to achieve the modestly restraining value of criminal law byDecriminalization and moderation of criminal penalty.