The Application Of The Criminal Law Principle Of Modesty In Our Country

The criminal law is gradually mature and perfect, has an important role to promote theprocess of legalization in china. The criminal law is the force of the law severely, the earliestrulers as social order tool for ruling the people, maintain. With the development of societyand times, the criminal law theory and criminal is reflection in the transition process ofpeople’s values, the abuse of heavy penalty is also increasingly prominent. Therefore, carryingthe restraining criminal law principle of human rights, freedom, equality are activelyexploring research, it includes criminal austerity, limited, economic, humanitarian content.The principle of restraining criminal law is an important symbol of modern criminal lawcivilization, in recent years by the high frequency used in the study of modern criminal law,more and more countries criminal jurists advocate and judicial personnel, guides the criminallegislation and judicial practice.Many scholars in our country’s book have the figure of modest in criminal law, but manyof them are only check basic theoretical problems of the modesty principle, focus on theory,light practice problems. At present, the principle of restraining criminal law and our criminalpolicy of combining punishment with leniency corresponds to a high degree, and in thecriminal legislation, justice can also be found in the specific application, but there still existsome problems. This paper based on the criminal law principle, content, value, combined withthe application of the current situation of our country, aiming at the existing problems andputs forward some specific improvement suggestions and measures, hoping to be helpful toour country’s criminal legislation, judicature, execution of work.Besides the conclusion, altogether divides into five parts, the main contents of this are asfollows:The first part is the introduction, this part explains the research background andsignificance; introduces the present the research status at home and abroad, and use themethod of comparative analysis, historical analysis, empirical analysis on the principle ofmodesty are fully discussed; the principle of modesty in the current situation in our country atpresent, points out the existing problems, puts forward improvement measures and suggestions, make it more scientific, reasonable application in china.The second chapter introduces the budding criminal law principle in our breeding andthe forming and abroad and produced by the method of historical analysis, that the principleof restraining criminal law is the spirit of the times, we should grasp the development trend ina more suitable height, width, depth; expounds the meaning and content of modesty, pointsout that carrying out the principle of restraining the significance, concept to get rid of criminaltheory, criminal and severe punishment is backward, is conducive to promoting the process ofthe criminal law, is conducive to the protection of human rights.The third chapter discuss the development and application of the principle of restrainingabroad, introduces foreign non-criminal, punishment and light punishment legislation andjudicial practice of development. It provides a reference for our country to achieve better andapply the principle of modesty.The fourth chapter uses the method of empirical analysis, mainly discusses theapplication of the principle of criminal law in china. By discussing the principle of modestyand our criminal policy of combining punishment with leniency in highly fit and its present inour criminal legislation and judicial, points out some problems existing in the legislative,judicial, executive in China on the principle of modesty.The fifth chapter is the principle of modesty in and specific measures of our countryperfect proposal. The modesty principle is not only a theoretical problem, it is closely linkedwith practice, this chapter relevant experience abroad, and in view of the existing problems inthe third chapter of our country, pointed out the applicable principle of restraining theconcrete national conditions and their adaptation, non-crime in our country should be carriedout simultaneously with the crime, to depenalization also should absorb. And according to thecurrent situation in China were put forward. The principle of modesty in our criminallegislation, justice, the implementation of specific measures and suggestions, hope themodesty principle can better be used in our country.