| In different social structure, the function of Criminal law can be different to some extent. In unitary social structure, criminal law makes protecting national benefit, social whole interests as it's own duty, the function of criminal law can protect society mainly but not human rights protection, so the existence of the analogy system has it's certainty and rationality. In the binary social structure, criminal law has double function of the society protection and the safeguarding of the human rights, which demand to abolish the analogize system ,it is necessary to implement the principle of a legally prescribed punishment for a special crime, the principle has become the most important principle of criminal law The premise of carrying out the principle of a legally prescribed punishment for a special crime is that the criminal law should appropriate . Otherwise the result of abiding by the legal principle of crime and punishment can only be to encroach on citizen's right in legal form . So, turn the modest restraining of the main content and should become criminal spirit governed by law in our country for the committing crime and light punishment. Have already possessed and realized social bases , such as criminal law modest politics , economy , culture that restrains ,etc. in our country, criminal law limitation , penalty society of itself of function torture against function improper and produced society against function criminal law too should modest reason that restrain. The international trend of modest restraining of criminal law is: It is restrained that crime is modest :Not the committing crime. Punishment modest to restrain :It is not the penalty. The modest way to restrain of criminal law should be that our country realizes: It is restrained that crime is modest :Not the committing crime melt in the double track and run side by side with committing crime; Punishment modest to restrain :Realize including the light punishment that is not the penalty inside...
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