Research On The Restraining Criminal Law Under The Perspective Of The Penalty Of Marxism

In the history of criminal law development, heavy sentence has a very important position. However, it proved and it will prove that the extensive and heavy sentence can not reduce crime effectively. And with the development of criminal government of by law, the value of restraining criminal law has drawn advocate of the people. And the development of restraining criminal law is related to the penalty theory of Marxism. The penalty of Marxism revealed the essence of punishment, condemned doctrine of pan-moral and absolutism, advocated the principle of a legally prescribed punishment, adaptive principle, the humanitarian principle of penalty, and it means o lot to the realizing of restraining criminal law.The realizing of restraining criminal law needs the supports of theory and practice. With the development of economy and the progress of the society, the function of protecting the human rights is in combination with the function of protecting the society step by step, the rule of criminal law has become a mainstream thoughts, and the reformation of criminal law in the world is in the direction of civilization and humanity, and it provides the foundation of the development of restraining criminal law in our country. At the same time, the criminal legislation in our country narrows the punishment scope, reduces the punishment degree, the rules about the old people in "Criminal law amendment (eight)" is strong evidence of restraining criminal law. Under the guidance of the penalty of Marxism, the realizing of restraining criminal law in our country will become soon, which has great theoretical and practical significance to the development of rule of criminal law.Firstly, the article introduce the content of the penalty theory of Marxism and the principles it reflected, and then reveals the connotation of the restraining criminal law, points out that in terms of punishment scope, the criminal law should not intervene in all aspects of social life; In terms of degree of punishment, under the same penalty effect, it should apply to a lighter punishment. Then elaboration on the legal principles for restraining criminal law, the unity of criminal law’s function of social security and human rights security, the mediation of retribution and prevention of criminal penalty, and the criminal policy of combining punishment with leniency provide the foundation to the development of restraining criminal law. Again, analysis of the legislation how to reflect the restraining criminal law in the perspective of "the criminal law amendment (eight)", mainly for the elderly crime regulation. At last, introduces the implement way of the restraining criminal law under the guidance of the penalty theory of Marxism, and non-criminal, non-punishment and light sentence are the ways to realize restraining criminal law.