According to Baidu Encyclopedia, modesty principle is also called necessity principle. This means that only when norms are absolutely necessary can the legislature define an act that violates the legal order as a criminal act-there is no other appropriate method to replace punishment. The modesty of criminal law mainly occurs when the penalty is invalid and can be replaced by other methods, which is not beneficial.
Generally speaking, there is no need to establish criminal legislation in the following situations: First, the penalty is ineffective. That is to say, if an act is defined as a criminal act and still cannot achieve the effect of preventing and controlling the criminal act, then the legislation is not feasible. Second, it can be replaced by other methods. If the prohibited content of a criminal code can be effectively controlled and prevented by civil, commercial, economic or other administrative sanctions, then criminal legislation is unnecessary. British philosopher Bentham famously said, "Gentle laws can humanize a nation's way of life; The spirit of the government will be respected among citizens. " This sentence can be described as the philosophical basis of the principle of "modesty" in criminal law. Therefore, it is not advisable to define the illegal acts of the masses as crimes in legislation. Third, there is no benefit. Refers to the consumption of legislation, justice and law enforcement is greater than its income.