about the criminal law should not be exhaustive（关于刑法不应详尽）.docVIP

About the criminal law should not be exhaustive To write thesis net: , “Cautious Punishment” Modesty of Criminal Law, also known as the Criminal Code of the economy or thrift, is the “legislators should strive to minimize expenditures - less or even no penalty (and other penalties on alternative measures to maximize the social benefits - crime prevention and anti-system. “[1] Professor Zhang Mingkai also pointed out:” Modesty of Criminal Law refers to criminal law according to certain rules to control the the penalties range and degree of punishment, and that all other applicable laws sufficient to inhibit certain illegal enough protect the legitimate rights and interests, not to bring its provisions for crime, any applicable lighter sanctions sufficient to suppress some crime, enough to protect the legitimate rights and interests, do not stipulate a heavier sanction. [2] In addition, there are some scholars : Restraining Criminal Law principles of modern criminal law, criminal policy, in essence, ‘the Cautious Punishment’ ideas embodied in the social life of the Criminal Code should strictly control the breadth and depth of its involvement, to avoid in regulating social life process violations of the human rights of its citizens and the international community questioned its protection of human rights principles. “ Criminal law is the most powerful tool we punish crimes, other laws of the last line of defense, which requires the penalty should not be extensive involvement in all fields of social life, the Criminal Code itself a second evaluation of the norms of the legislation, other laws backed by law can also say that it is the complement of the other legal law, other laws can not blending social contradictions can with its help achieve management objectives. criminal law should focus on their own Modesty not appeared contrary behavior management purposes to achieve first consider the use of penalty means to combat it, but should you want to suppress the