Research On The Expansion And Limits Of Preventive Criminal Law In My Countr

With the advent of the fourth industrial revolution,our way of life has undergone huge and profound changes.The uncertainties of this change have led to an increase in the number of social crimes and,as traditional criminal law has shown its shortcomings,this has led to the emergence of preventive criminal law,as traditional criminal law has shown its shortcomings.In recent years,the influence of preventive criminal law has led to significant changes in China’s criminal legislation.In response to new demands in social governance,criminal law has shifted from a passive intervention to a proactive one,becoming a "tool of the state" that focuses on both risk prevention and risk management.However,although preventive criminal law has a certain effect on the prevention of risks in advance,its expansion will inevitably lead to the compression of civil rights and the imbalance of the functions of criminal law,so the limits of the expansion of preventive criminal law need to be reasonably explored.In order to solve the dilemma of the continuous expansion of preventive criminal law,on the one hand,we should find a way out from the legislation,always adhere to the basic principles and theoretical connotations of the constitution,insist that preventive legislation is bound by the basic principles of criminal law,and ensure the realization of the development orientation of penal reform by optimizing the structure of penalties and adjusting the scope of application of fines to ensure the lightening of penalties.On the other hand,the judiciary should change the "trial is incriminated" mentality of the judiciary,make full use of the "proviso" function of incrimination and adhere to the application of the "suspicion is innocent" principle.The principle of "suspicion is innocent".At the same time,when faced with problems such as the poor interface between criminal law and other sectoral laws,the judiciary should make timely corrections,make reasonable use of the limitations of judicial interpretation,reserve space for other sectoral laws to participate in social governance,adhere to criminal law as the last line of social governance,maintain the coherence between the provisions of criminal legislation and criminal law theory,and strive to find a balance between the protection of human rights and the protection of legal interests in criminal law against the background of the expansion of preventive criminal law.In the context of the expansion of preventive criminal law,we will strive to find a balance between the protection of human rights and the protection of legal interests in criminal law.