On Applications Of Modesty Principle To The New Law-related Behavior In Network

Modesty principle of criminal law has become a familiar open criminal law scholars specialized words, but it’s clear that the concept has gone through a long historical process. Based on the "doctrine of human rights" and "democracy theory" and "legal thought" as the theoretical basis for the prosperity of commodity economy, the establishment of democratic institutions and civil society formed the basis for the reality by Miyamoto English repair, Kogure was hung and other Japanese scholars inheritance and development, and finally by Hirano Professor Long Yi put forward. Even penal infringement or threatened the interests of the lives of others is not necessary to use criminal law directly. If possible, take other means of control is desirable. It can be said, only when other means of social control is not sufficient, or other means of social control (such as lynching) is too strong, there are penalties if necessary, replace them before they can be utilized by criminal law. Criminal called complementary or Modesty."Modesty criminal offenses circle for the delimitation and ring set meaningful penalties in the current proliferation of networks involving law today, it is appropriate restraining criminal law as a new type of processing network involving law guiding ideology, that can be through other means of social control for effective control, by means of criminal law is not necessary, it applies to other social control means; indeed necessary for the use of criminal law to regulate in order to draw on Criminal Law.