论刑法的谦抑性

On the Modest and Restrained Characteristic of Criminal Law

刑法应尽量少用、慎用,力求以最小的刑法成本达到遏制犯罪、预防犯罪的目的,这就是刑法的谦抑性,其包含以下两个方面的内容:非犯罪化和轻刑化。在我国适用刑法的谦抑性原则时,应当在坚持非犯罪化趋势的基础上,推进"非犯罪化"与"犯罪化"双向进程;在推行轻刑化的过程中,应注意其长期性和相对性。

Criminal law should be seldom and cautiously used in order to stop and prevent with the lowest cost, which is called the modest and restrained characteristic of criminal law, and it＇ s contents include non-crime and light punishment. On the base of insisting non-crime trend, when applying the principle of the modest and restrained characteristic of criminal law, we should carry forward the two-way process of non-crime and crime, and pay more attention to its long-term and relativity during the period of implementing light punishment.