Discussion On The Restrained Nature Of Criminal Law

In the world, the reform in criminal law is moving toward civilization and humanism, so does the criminal law of China. Since the changing of opinion is prior to the practice of reform, it is a good start to learn more about restraining criminal law. Scholars at home and abroad have done some research on the question, which is being paid more attention today. However, further research on the defining of concept, ingredients, reflection and the ways of realization of restraining criminal law is needed. The author try to trace back the historical vicissitude of the spirit of criminal law and grasp the main content of restraining criminal law in different times by analyzing the criminal law philosophically. The article makes it clear that the restraint on criminal law is not only a historical process in the past but an ultimate trend in the future.The article is divided into seven sections:Part one: Introduction. In this part, the significance and reason for choosing the topic, the author's intention and the general structure of the article is introduced.Part two: The overview of the generation of knowledge about restraining criminal law.Part three: The origin and development of the thoughts of restraint on criminal law. This part begins with the emerging and development of it in Europe, which is characterized by modern criminal law legislature affected by the Humanism, the Enlightenment and criminal rationalism. Then it talks over the ancient China in which there existed some ideas advocating criminal law should be modest and careful to be used, though it put more emphasis on criminal law and cruel penalty.Part four: The concept of restraining criminal law. Different scholars put forward different concepts. On the bases of them, the author expresses her own view on the concept.Part five: The nature of being supplement and economical of criminal law requires criminal law to be restrained. The author opposes those opinions that equal the nature of being supplement and economical of criminal law to restrainingmcriminal law itself.Part six: The embodiment of the restraint on criminal law. This part elaborates the embodiment of restraint from two points: the contraction and limits of scope criminal law regulating, that includes the reason and criteria according to which to limit the scope ; the tolerance of penalty in different times and its evolution.Part seven: The way to realize the restraint on criminal law: non-penalization and non-penalization. As both the effective methods to realize the restraint and two essential themes in the contemporary world, non-incrimination and non-penalization have great significances and particular substances, especially in China where they should be improved and developed widely and deeply.