Study On Upholding The Modesty And Restraint Of Criminal Law In A Risk Society

With the maturity of globalization,the risks brought about by the development of science and technology are rapidly permeating the world.In this context,my country seems to have a "risk society" picture.After entering the risk society,the country will do everything possible to deal with the endless new risks and threats and to respond to social needs in a timely manner.And the criminal law,as the last means of social regulation,will inevitably end up in a situation of "overcapable".In order to cope with risks,the criminal law system is gradually moving towards prevention,which has led to an expansion trend in criminal law legislation and criminal law judiciary,and the criminal law system has shown a "tough but not strict" governance effect.Although the effect of cracking down on crime in the short term is significant,in the long run,the "strict but not strict" criminal law system is not only not conducive to the long-term governance of crime,but also has a negative impact that suppresses social development.At this time,people can’t help but reflect on a question: In a risky society,what principles should criminal law follow in the process of participating in social governance? How should we continue to develop? This article uses the following four parts to point out the direction for the development of the criminal law system in a risky society:The first part: Rethinking the status quo of the development of the criminal law system in a risky society.First,use an interdisciplinary perspective and analyze the current global development trend and the status quo of China’s social development based on the theory of risk society.Then,by considering the game between "free value" and "safety value" in a risky society,the current development trend of my country’s criminal law system is judged.Finally,by analyzing the specific manifestations of the criminal law system that is moving towards prevention,judge the compliance and violation of the principle of modest restraint of the criminal law,and pointout the concrete manifestations of the current criminal law system.The second part: Judging the modest status quo of the criminal law system in a risky society.This part judges the modest status of criminal law legislation and the modest status of criminal law judiciary separately,to analyze the specific reasons of the current prevention trend of the criminal law system.By emphasizing the principle of modest restraint of the criminal law and the characteristics of economy,finality,incompleteness and inclusiveness of the criminal law contained in this principle,we can measure the shortcomings of the current criminal law legislation and criminal law justice,so as to conclude that the current criminal law is in a comprehensive state.The expanded state of anti-modest restraint urgently needs to criticize the anti-modest restraint phenomenon of criminal law legislation and the phenomenon of criminal law judicial anti-modest restraint,so as to adhere to a clear direction for the restraint of criminal law.The third part: reiterate the principle of modest restraint of criminal law.This part focuses on the theory of modest restraint of criminal law.Through an in-depth analysis of the basic connotation and theoretical positioning of the modest and restrained nature of criminal law,the position of the principle of modest and restrainedness in the criminal law theory is clarified.At the same time,by analyzing the existing implementation of the principle of restraint in the criminal law,the importance of restraint in the criminal law is once again highlighted,so as to clarify the boundary of the criminal law system for prevention,and at the same time indicate how to adhere to and restrain the principle of criminal law in a risky society.direction.The fourth part: the main method of adhering to the modest and restraining nature of criminal law in a risk society.Through the full discussion of the first three parts,it is clear that the current criminal law system’s move towards prevention is a violation of the basic principles of criminal law such as the principle of modest restraint.Then,respectively construct specific methods for criminal law legislation and criminal law judiciary to adhere to the modest and restrained nature of criminal law.Through the four aspects of decriminalization,light punishment,non-penalization and non-custodialization,it clarifies the modest line of the sustainable development of the criminal law system,so as to promote the stable development of society.