app bet365 download and app bet365 download theory are both products of the times。What is the basic stance adopted by the app bet365 download、What path to achieve modernization，It is an issue of the times that needs to be thought about and answered by the app bet365 download community。In recent years，Frequently introduced app bet365 download amendments in our country，Highlighting the positive development trend of app bet365 download，app bet365 download academic circles call it “activation of criminal legislation”。To this，Theoretical circles have different evaluations，And formed a dispute between the two positions of positive app bet365 download view and negative app bet365 download view。In fact，app bet365 download itself is an integral part of the country’s social governance tools，The modernization of national governance inevitably requires the modernization of app bet365 download as a governance tool，At the same time as the national mission changes，Adjust the regulatory scope and intensity of app bet365 download。Criminalization is also a good idea，Decriminalization，They are both indispensable wings for the healthy development of app bet365 download。In the final analysis，app bet365 download comes from social life and practice，app bet365 download does not exist to prove itself，Therefore，The development of app bet365 download cannot be done at the expense of the basics，It is necessary and necessary to actively respond to the development of the times。

　　Dynamic balance of legal interest app bet365 download and human rights app bet365 download functions

The eternal topic in the development of app bet365 download is，How to protect legal interests to the greatest extent，And protect freedom to the greatest extent。Since the 1990s，Based on the overemphasis on social protection and underestimation of human rights protection in traditional app bet365 download concepts，And the “crack down” policy in the 1980s led to the overexpansion of app bet365 download、Reflections on the punishment being too harsh，The modesty of punitive doctrine has been widely resonated by academic circles and society。The 1997 app bet365 download is guided by the basic principles of legality of crime and punishment，Achieve the basic balance between the protection of legal interests and the protection of human rights in app bet365 download。However，The positive expansion trend of app bet365 download in recent years，Social security interests that app bet365 download pays more attention to，Challenge the human rights protection function to a certain extent。This seems to have shaken the traditional functional balance of app bet365 download，This has led to the controversy over whether freedom needs to be moderately transferred to security。

It should be said，Free development of human beings，Always the goal pursued by modern app bet365 download，This purpose will not and should not be abandoned。The institutional arrangements of app bet365 download must take into account and pay attention to people’s pursuit of freedom。But the other side that cannot be ignored is，Modern app bet365 download has expanded its focus on freedom，The academic community has recognized it，In modern society，Freedom has extended to many aspects of personal life。Although one can still insist on "preventing citizens from unjustly endangering others" as "the only sufficient reason for subjecting citizens to criminal punishment"，But "endangering others" is no longer understood in a narrow sense today，This kind of harm is not just real harm，Also includes the risk of harm，Not just a violation of a single individual，It should also include infringement on the public and public interests。Therefore，The app bet365 download restraint mechanism based on traditional liberalism is no longer the golden rule for the development of app bet365 download。Based on the overall strength of my country’s app bet365 download regulations being “strict but not strict”、The reality that the French Open is too rough，And in the face of the increasing demand for app bet365 download brought about by the modernization of social governance，Legislators on Criminal Code Amendment，By adding new crimes or modifying the elements of existing crimes，Lowered the threshold for crime，The criminal network is becoming more and more dense，Reflects that legislation pays more and more attention to the protection function of app bet365 download’s legal interests。In addition，After all, freedom protection is not the entire value of app bet365 download。In the paradox of legal interest protection and rights protection，First of all, the legal protection needs of kind people should be met。Especially in contemporary society，Facing unpredictable risks and disasters，Freedom and order need new annotations and a new balance，The community with a shared future for mankind determines that "cooperation is far more important than competition"，app bet365 download is not only about the freedom of an individual，Also related to the foundation of human society: unity and cooperation。True and stable personal freedom，This can only be achieved through unity and cooperation through various institutional arrangements in the social community。In other words，The free life people pursue，It is often inseparable from temporary concessions on personal freedom (such as various control measures on personal movement during the epidemic)。It is in this sense，The balance between legal interest protection and human rights protection is not fixed，But dynamic。

　　Affirm the significance of misdemeanor legislation

Misdemeanor legislation generally refers to past administrative penalties for public security or civil infringements，Criminalization through legislation。Many scholars have criticized the recent misdemeanor legislation，View misdemeanor legislation as an emotional reflection of the Legislature，Questioned as excessive criminalization；Proposed in the current app bet365 download system，Efforts should be made to criminalize minor crimes，In criminal legislation, illegal acts that do not have serious social harm should not be absorbed into the criminal circle。This view is actually superficial。

First，Set misdemeanors such as "dangerous driving", "throwing objects at high altitudes", and "impeding the safe movement of transportation"，Reflects the early intervention of app bet365 download、The preventive app bet365 download concept of preemptive punishment，Reflects that modern legislation "pays more attention to the guidance of app bet365 download on social and citizen behavioral norms、Evaluation function”，It also reflects the legislative idea of ​​using misdemeanors to curb serious crimes。For example，The criminalization of "drunk driving" is a prerequisite、Preventive legislation，The purpose is to shape people’s normative consciousness、Self-discipline awareness，Preventing the occurrence of actual harmful consequences。Secondly，The legal interests protected by misdemeanors are usually collective legal interests。Although the concept of classical app bet365 download emphasizes that the core task of app bet365 download is to protect personal legal interests，But this is consistent with the relatively simple social conditions of production and lifestyle at that time。With the development of society、Convenient transportation，The exchanges and connections between people are getting closer，People are enjoying life while，Also brings unprecedented risks。Strengthening administrative management has become the main means of social governance，As a back-up for administrative management，The strengthening of administrative management has brought more and more collective legal interests into the scope of app bet365 download protection。Finally，Add misdemeanor，Conducive to the implementation of the principle of commensurate guilt and punishment。In practice，In the absence of a misdemeanor，Treat relevant acts as "felonies"，The Legislature is aware of this situation，That is, “In practice, in the absence of corresponding misdemeanor settings，The judicial authorities may choose to apply similar felonies、Barely convicted，Even the situation of criminalization by analogy，This kind of treatment cannot achieve appropriate punishment for some crimes”。So，Establishing a misdemeanor，Conducive to realizing the principle of commensurate punishment for crime。So，The value of misdemeanor legislation should be fully assessed。

　　Adhere to a cautious attitude while actively developing

Despite the positive development trend of criminal legislation，It is caused by the needs of social development itself and its own development logic，But being positive does not mean that the app bet365 download can take the lead in everything without scruples in social governance，You should not show emotional legislative impulses，A moderate and prudent attitude should be maintained in the development of app bet365 download。

First，Criminalization requires the stance of legal protectionism。Although criminalization is an inevitable trend，But criminalization should not be blind、Emotional，But it should have its own activation logic。The most important thing is the position of legal interest protection。Modern social security certainly highlights the need to protect collective legal interests，However, the protection of collective legal interests still needs to be linked to individual legal interests，Pure administrative order interests generally should not be the object of protection by app bet365 download。Secondly，The expansion of misdemeanor crimes should focus on the connection between execution and civil punishment。Systematic governance of social deviance，app bet365 download is just one of the methods，app bet365 download cannot be used as a substitute for other means。Legal interest protection is often a common task faced by different departments of law，This requires division of labor and cooperation。app bet365 download usually only takes action when other legal adjustments are unable to do so，Put app bet365 download first，May weaken the role of non-criminal means，Leading to an imbalance in the governance system。Again，The trend of severe punishment deserves vigilance。The doctrine of severe punishment is based on the deterrence of punishment，But it is not appropriate to increase the punishment one-sidedly。In the development of app bet365 download in our country，Pionism still lingers，Death penalty、The proportion of life imprisonment crimes in app bet365 download remains high；Charges involving fixed-term imprisonment of more than 5 years account for nearly 2/3 of all crimes，The chronic problem of heavy punishment structure has not been eliminated。In the future development of app bet365 download，Reducing the severity of criminal sanctions should be an important direction for my country’s app bet365 download reform。Finally，Criminal justice needs to uphold modesty。The judiciary should adhere to the bottom line of the principle of legal punishment for crimes。The application of app bet365 download cannot be separated from the interpretation of app bet365 download，Although the interpretation of app bet365 download does not necessarily always favor the defendant，However, explanations that are unfavorable to the defendant should still comply with normative expectations，Prevent expansionary interpretations that go beyond the meaning of the legislation and are inconsistent with normative expectations。Meanwhile，The “causes” of minor crimes should be open-ended。Especially after legislation expanded the scope of penalties，The judiciary can limit the judicial determination of crimes through interpretation，To form a constraint on criminalization。Dangerous driving cases such as "drunk driving"，Because the key component of the "drunk driving" standard is formulated by the administrative agency，Absolute quantitative standards have led to the crime of dangerous driving becoming the criminal case with the highest incidence rate。This requires softening the rigid administrative standards for criminalizing "drunk driving"，Give “drunk driving” cases more avenues for prosecution through substantive explanations。

The expression of the proactive and cautious view on app bet365 download development seems a bit contradictory，But things often develop in this mutual restraint。Be positive but not impulsive，Caution should never cease。The development of app bet365 download needs to be based on the social background of the new era，Actively respond to social life。app bet365 download theory needs to evaluate the various impacts brought about by the activation of criminal legislation，Give constructive comments on legislative trends，Promote the legal interest protection and human rights protection functions of app bet365 download to maintain a dynamic balance，To demonstrate the path confidence and theoretical confidence of the modernization of Chinese-style criminal rule of law。

　(The author is a professor at Nanjing University app bet365 download School)