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 in the legislative process.

Generally speaking, it is not necessary to establish criminal legislation in the following circumstances:

First, punishment has no effect:

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, other methods can be used instead:

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. "

Extended data:

Modesty means gentleness and humility. The content of modesty of criminal law is limited, necessary and tolerant. Restriction means that the scope of regulation and control of criminal law and the application of criminal means are restricted; Necessity means that an act shall not be stipulated in the criminal law, and a heavier penalty shall not be used unless it is absolutely necessary.

This is what many scholars call the finality or complementarity of criminal law. The most essential value connotation of tolerance is that criminal law is humane, that is, it gives humanistic care to everyone. Criminal law should respect human freedom and dignity, try not to interfere in areas that cannot be interfered, and try to use lenient punishment means.

Specifically, the modesty of criminal law runs through the formulation of criminal law and criminal policy, which is reflected in many aspects, such as a legally prescribed punishment for a crime, the principle of benefiting the defendant, and strict restrictions on the death penalty. Reflected in judicial activities, it is to use penalty measures as carefully as possible, so that the penalty is gradually reduced and the execution is more humane.

With the historical development of human society, criminal law has gradually formed its own unique, inherent and unique characteristics, including criminal legislation and criminal policy formulation, and is also reflected in all aspects of criminal justice.

People's Network-Correctly Understanding the Modesty Principle of Criminal Law