Study On The Emergence And Development Of The Principle Of Modesty Of Criminal Law

Criminal law is a last resort of "evil." The principle of modesty of criminal law is to apply the criminal law to the necessary and reasonable scope in a prudent,restrictive and frugal manner.The principle of modern criminal law that seeks a balance between social protection and human rights protection should go through all criminal activities and get due strengthen and extend.China is in a period of social transformation,and the excessive expansion of criminal law has become a morbid phenomenon in social governance,which leads to a contradictory tension between the arbitrary expansion of the penal power and the pursuit of freedom and justice by citizens.At the same time,the advent of the risk society,the status of the principle of modesty of the criminal law is affected.Adherence to the principle of modesty of the criminal law is an inevitable requirement for China to build a country ruled by law.As an"imported goods",since the principle of modesty of criminal law has been imported into Japan since the end of the 20th century,the study of its origin and evolution still lacks full-scale and detailed research,leading to some cognitive biases and application confusion.Based on this,this paper starts from reality and systematically examines,introduces and discusses the process of criminal law and moderation from concept generation to theory formation to practice development in order to help China's criminal legislation and judicial practice and promote the rule of law construction.The first part is the Chinese predicament of the principle of modesty of criminal law.This part starts from the reality and analyzes the problems existing in China's current principle of modesty of criminal law.There are differences in the theoretical level.The principle of modesty criminal law should be the principle that all criminal activities must follow.The legislative level is activated and symbolized.The status of the principle of humiliation of criminal law has been affected;at the judicial level,it has become a "tag theory",judicial workers have a weak sense of modesty,and active sinful thinking is prevalent,which leads to the importance of research.The second part is the ideological trace of the principle of modesty of criminal law.Taking time as the main line of logic,this paper systematically introduces the germination of the ancient Western criminal law's modest thoughts,and specifically explains the criminal law thoughts of the enlightenment,tolerance and civilization proposed by the enlightenment thinkers,the criminal classical school and the criminal empirical new school.These ideas are in line with the principle that limit the scope of criminal sanctions and the extent of penalties,and are the initial elements of this principle.The third part is the formation of the principle of modesty of criminal law.Introduce the formation of the principle of modesty of the criminal law after the Second World War.It is roughly divided into three stages:as the starting point of the criminal law discourse,the systematization of the specific connotation and the revision of the application field.By analyzing the relationship between the criminal law and the legal protection function,the punishable illegality theory,and the expectation possibility theory,it reveals its important value to the criminal theory system.Then from the three aspects of the complexity of criminal causes,the negative nature of criminal law,and the pursuit of maximization of criminal law,the reasons for the formation of the principle of modesty of criminal law are analyzed.The fourth part is the development of the principle of modesty of criminal law.This part mainly examines the development process of the principle of modesty of criminal law from the perspective of practice.The ways in which Western countries implement the principle of modesty of criminal law are decriminalization and depenalization;Since the criminal constitutional model stipulated in China's criminal law is different from that of Western countries,China's approach is criminalization and decriminalization.On this basis,the reasons for the differences between China and the West are analyzed.Nowadays,with the advent of the risk society,we need to reinterpret the principle of modesty of criminal law.The conclusion part is in response to the opening.Based on the China's national conditions,it puts forward a preliminary idea on how to implement the principle of modesty of criminal law in legislation and judicial practice.