On The Modest Restraint Of Criminal Law In The Context Of Risk Society

The idea of modest restraint of criminal law was conceived in the early thoughts of criminal law,and it is not the enthusiasm of criminal law scholars,but the "in days of yore" of brilliant ideas in criminal law.However,as a concept,the modesty of criminal law is different from the traditional value of criminal law,and it has its own independent basis.Criminal law is a necessary "evil".It is on the basis of repositioning the social function of criminal law that the concept of modesty and restraint of criminal law is put forward,aiming at limiting the launching of penalty right and protecting citizens from arbitrary intrusion and interference from "evil" of criminal law.As a basic concept of modern criminal law,the modesty of criminal law bears the basic value of justice,freedom,order and other social needs,and contains the human society's pursuit of security,rights and other factors conducive to its own development.The function of the modesty of criminal law changes from the legislative level of limiting the scope and degree of punishment in the early days to the whole process of implementing the criminal law,which shows the gradual deepening of people's understanding of criminal law.With the advent of the risk society,the modesty of criminal law based on the traditional concept of criminal law is somewhat incompatible with the context of modern society."To the establishment of the criminal law theory and its evolution,is inseparable from the research on systematic specification itself and intensification of the criminal law,but also cannot leave the deliberation of the society in which they operate,without consideration of value in the society,the criminal law principle is a value choice of the this kind of thinking show into criminal law specification language".The types of security risks in the traditional society are different from the sudden,destructive,technical and complex threats to the social security of the risk society.Then,the value of freedom and the price of security need to be equalized again,the concept of modesty of criminal law needs to be interpreted again,and the contradiction between modesty of criminal law and traditional criminal law theory in the context of risk society needs to be further reconciled.This paper uses the historical research method and draws the conclusion that the modesty of criminal law should be interpreted in the legal context.That is,the interpretation of the modesty of criminal law in the context of The Times;By using the comparative research method,this paper initially discusses the regional problems of the value concept of modesty and restraint in criminal law,and draws a conclusion that modesty and restraint in criminal law should be interpreted in Chinese context.By using the method of literature research and referring to the previous studies on the subject,it is concluded that criminal law should be "limited" in the context of risk society.The conclusion of the transition from punishment to "appropriate" punishment.In other words,the primary task of criminal law is to punish crimes and maintain the social security order.The concept of modesty of criminal law is the value standard and regulation means of preventing improper punishment of criminal law,and the value pursuit of modesty of criminal law is "just" punishment.Full text to interpret the connotation of the austerity of criminal law as the foundation,focuses on the analysis of the austerity of criminal law and the risk society on-off relationship,emphasize alternative to the austerity of criminal law to adapt to The Times development,to harmonize with the social incompatible contradiction,dissolve with the criminal policy,responsibility,the protection of legal interest contradictions,establishing the context of risk society the austerity of criminal law.Through the basic method of realizing the modesty of criminal law,this paper analyzes the application of law in the process of legislation,judicature and law enforcement of criminal law,and expects to be helpful to the development of the concrete implementation of the modesty of criminal law.