The modesty of criminal law means that legislators should strive to obtain the greatest social benefits with the minimum expenditure - using less or even no punishment (and using other punishment alternatives) - effectively Crime prevention and control.

In other words, whenever the application of other laws is sufficient to suppress a certain illegal behavior and to protect legitimate rights and interests, do not define it as a crime; whenever the application of lighter sanctions is sufficient to suppress a certain criminal behavior, it is sufficient to protect legitimate rights and interests. When protecting legitimate rights and interests, there should be no need to impose heavier sanctions.

There is no need to establish criminal legislation in the following situations:

1. Penalties have no effect. That is to say, if a certain behavior is designated as a criminal behavior but still cannot achieve the effect of preventing and controlling the criminal behavior, then the legislation is not feasible.

2. It can be replaced by other methods. If the prohibited content of a certain criminal law specification can be effectively controlled and prevented by civil, commercial, economic or other administrative sanctions, then the criminal legislation is unnecessary.

Extended information:

The application of the principle of modesty in criminal justice practice

(1)? The application of the principle of modesty in the criminal justice process manifestation.

The principle of modesty in the criminal justice process is reflected in the fact that judicial organs should fully abide by the principles of legality of crime and punishment, the principle of proportionality of crime and punishment, and the principle of equality for everyone, and moderately reduce unnecessary criminal convictions. Or suppress unnecessary heavy-minded tendencies.

"Being innocent beyond doubt" is the most important manifestation of the principle of humility in the criminal justice process. The author believes that in addition to "beyond suspicion of guilt", there is another form of humility principle. Expression form - "Duty in doubt", that is, when there is doubt between the facts between crime and non-crime, the finding of innocence embodies "duty in doubt"; when there is doubt between the facts between misdemeanor and felony When there is doubt as to whether there are statutory mitigating or aggravating circumstances, the finding of mitigating circumstances or the failure to identify aggravating circumstances reflects the "mitigation of suspected crimes".

(2) The application and limitations of the modesty principle of criminal law in the judicial process

1. The application conditions of the modesty principle of criminal law should be strict. This principle can only be applied when there is sufficient evidence leading to reasonable doubt. If a certain suspicion is just a guess, it cannot be regarded as reasonable doubt.

2. When there is doubt about the determination of the subjective mental state of the perpetrator, the principle of modesty in criminal law should be limited by reasonable presumptions. That is, when an actor commits an act that the criminal law requires the actor to know subjectively or has a certain purpose, but the actor pleads that he does not know or does not have the purpose, causing doubts, the "suspicious suspicion" cannot be simply applied to determine the act. If a person subjectively does not know or does not have the purpose, he should make a reasonable inference based on objective facts.

3. How to apply the modesty principle of criminal law when it is impossible to distinguish misdemeanors from serious crimes. When there is doubt between the facts between this crime and that crime, and the sentencing severity of this crime and that crime is the same, it is obviously not possible to simply apply "a crime of doubtful guilt" or "a crime of doubtful guilt". In this case, How should judicial organs apply the modesty principle of criminal law.

Reference materials: Baidu Encyclopedia-Principle of Modesty

China Legal Popularization Innovation Network-On the Application of Principle of Modesty in Judicial Practice