Advocacy of Criminal Justice Restrictions

Abstract

Under the influence of the current positive view of criminal law, China's criminal legislation actively participates in social governance, and the activities of legislative revision in the late past have shown the characteristics and trends of misdemeanor legislation and the expansion of the crime circle. This indicates, on the one hand, the proactive nature of the initiation of state penal power and, on the other hand, the need to be alert to the potential impact of legislative expansion. Therefore, a balance must be struck at the level of criminal justice, guided by the idea of protection of legal interests, using the method of substantive interpretation to determine the elements of crime, and adhering to the principle of modesty of criminal law, in order to avoid formal criminalization, resulting in the judicial criminalization of undue expansion of criminalization.