The Implement Way Of Restraining Criminal Law

The implement way of restraining criminal law is the country with the smallest penalty spending, access to effective crime prevention and control of the biggest social benefits. The limit function of restraining criminal law, fundamentally solve the criminal law’s own severe, leads the development of the modern civilization of nomocracy. The restraining criminal law is the basic value of applicable in limiting harsh criminal law, against criminal law instrumentalism, the protection of human rights, carrying the expectation of people to the criminal law system. In recent years, some cases appear in our criminal justice practice, such as "Wu Ying fraud case","Yang Xiaojin intentional injury","Hao Xin burglary case" and so on, from the perspective of different out some feasible ways for realization of restraining criminal law--improve the short-term free punishment,victim understanding, the restrictions on the death penalty. Guide the judicial practice with modesty of criminal law, is focusing on what is the way to realize, in order to obtain a good legal effect and social effect.This paper is divided into three parts, the first part through the trial of Hao Xin and the whole case, pointed out the focus of controversy in each case. The second part based on the analysis of the restraining criminal law theory, put forward the problems for China to realize the restraining criminal law, discussed the defects of the short-term free punishment, victim understanding system defects and shortcomings of limiting the application of death penalty. The third part is the focus of the article, according to the above proposed limiting problems, mainly from the improvement of short-term freedom penalty, construct the victim understanding system and limit the death penalty applicable to discuss, in order to better play the function of crime prevention and control crime.