On Justice Realization For The Modesty Of The Criminal Law

The modesty, a kind of spirit of criminal law, is the value pursuit of criminal law system. It undertakes people’s expectation of Chinese criminal law for opposing harsh punishment, safeguarding human rights, assuring the basic values of freedom and justice. Therefore, how to realize the justice implementation of criminal law modesty is a significant research topic in China’s criminal law system. The paper, starting from the reality in China, on the basis of the modesty of criminal law theory, guided by the modesty of criminal law, puts forward relevant arguments. The paper is divided into following four parts to discuss:The first part introduces the basic theory for the modesty of criminal law. The definition, the connotation and the accordance will be elaborated in this part.The second part emphasizes that the judiciary is the key of the modesty of criminal law implementation. The basis of the modesty of criminal law will be discussed to reason the connections between the modesty of criminal law and rational justice environment.The third part, combining with the reality of China’s criminal law, explains the justice implementation barriers including the internal disorder and external obstacles.The fourth part explores specific path of justice implementation for the modesty of criminal law by the survey of current justice implementation system,.Finally, the paper concludes that it is still a very difficult process to realize the modesty of criminal law in China’s judicature.