Thinking The Restraining Principle Of The Criminal Law From The Perspective Of Positive Criminal Legislation

In contemporary countries under the rule of law,the restraint of criminal law and the concepts and spheres of its implication and dissemination have come to an agreement.However,in the past two decades of our country's legislative practice,our country has continuously realized the criminalization of criminal law with an average of a half a year of criminal law amendments and a total of nine amendments to the criminal law.Take the Amendment to the Criminal Law(9)as an example.In order to deal with the frequent terrorist activities in recent years,a series of crimes related to terrorist activities such as crimes of preparing terrorist activities,propaganda of terrorism,extremism and incitement to commit terrorist activities have been added,Illegally holding crimes of terrorism promotion and extremism,etc;in response to the demands of society,we have added crimes such as cheating in examinations,such as examining cheating in examinations and substituting for examinations;in order to combat the increasingly serious "medical trouble" problem,we have added Get together for medical treatment into the sentence and so on.Many scholars consider this phenomenon as a challenge and shock to the moderation of criminal law.The first chapter of this paper discusses the characteristics and performance of criminal legislation in China in recent years.The article first introduced the main contents of the amendments(1)to(X)of the Criminal Law.It shows very intuitively the content of China's criminal law amendments in the past 20 years.It shows that in order to achieve the goal of protecting public power,criminal law is continuously reducing the rights of citizens.Scope,through the addition of various crime scenarios,in order to achieve the goal of expanding the country's penalties and restricting citizens' rights.However,the formation of this trend has its background in the era.We analyze this background and suggest that we cannot completely negate the revision of the criminal law to better adapt to the legislative trend of the times.Afterwards,through an examination of Japan's legislative trends,an analysis of its legislative changes and evaluations in the academic circles,taking into account some of the features embodied in Japan's criminal legislation,and on the basis of studying its criminal legislation trends,we explored the legitimacy of China's criminal law legislation.The second chapter of this paper begins with the concept of modest restraint of criminal law,sorts out the development of the modest suppression of criminal law asthe fundamental attribute of criminal law,and attempts to analyze the rationality of some different understandings of the restraint of criminal law.Secondly,it analyzes the value connotation of the modestness of the criminal law,takes the scope of application of the criminal law and the penalties as the end result,and focuses on the status of the criminal law as a supplementary means to other punitive measures.The goal of pursuing the maximization of the efficiency of the criminal law and the criminal law allow it Citizens enjoy freedom of action and judgment.Finally,from the two perspectives of theory and practice,this paper briefly analyzes the practical significance of the modesty of criminal law to China's activity policies,legislation,and judicial activities.The third chapter of this paper makes a tentative idea of the future direction of criminal law from two aspects: macroscopically and microscopically.First of all,our country's criminal law can add a considerable amount of misdemeanor if necessary.At present,China's criminal law contains more than 500 crimes.It is not sufficient for a large country with a population of 1.4 billion.It should be carried out in special measures,special procedures,judicial institutions,and other aspects in light of the different circumstances of the crime's objective behavior and subjective conditions.distinguish.On this basis,the original penalties should not be arbitrarily changed by light weight.The criminal law is the last barrier to punish crimes,and the penalties and strength are far more important than civil law and administrative law.Restrict citizens' personal rights and freedoms and other penalties.Be sure to maintain modesty when they are applied.Do not use them lightly when it is not a last resort.The problem that can be solved with lighter means does not apply a heavier degree of punishment.In the legislative process,legislators must be good at drawing on the wisdom of the people in order to realize the scientization and democratization of legislation.In short,under the guidance of a positive concept of criminal legislation,the trend of criminal legislation has become irreversible.Under the background of rapid social transformation,scholars need to correctly understand the connotation of modesty of criminal law and redefine it according to the background of the times instead of Confined to the past for the criminal law modest thinking.Combined with the special requirements of the times,find a way to balance the modest doctrine of the criminal law and the positive legislative concept of criminal law so that the criminal law can play a better role in social governance.