Criminal Law and Criminal Law Theory are all products of the times。What basic positions are taken by the criminal law、To achieve modernization through which path，Is a time subject that needs to think and answer in the criminal law community。In recent years，Frequent Criminal Law Amendment by my country，Highlighting the trend of active development of criminal law，Criminal Law and the Laws are called "activity of criminal legislation"。For this，The theoretical world has different evaluations，and formed a dispute between active criminal law and negative criminal law.。In fact，Criminal Law itself is an organic component of the national social governance tools，Modernization of national governance must require the modernization of criminal law as governance tools，While changing national tasks，Adjust the scope and intensity of the regulation of the criminal law。Crimeterization is good，Non -criminal，Both are the benign development of the criminal law.。Speaking of which，Criminal Law comes from social life and practice，The existence of the criminal law is not to prove itself，Therefore，Criminal Law Development cannot give up to the end，Need to actively respond to the development of the times。

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The topic of the development of criminal law is，How to protect the benefit of the law to the greatest extent，Guarantee freedom to the greatest extent。Since the 1990s，Based on the concept of traditional criminal law, too much emphasis on social protection and light human rights protection，and the "strict fight" in the 1980s caused the criminal law to be too expanded、Punishment is too severe reflection，The modest proposition of cautiousism has been widely resonated with the academic and society。bet365 Play online games 1997 Criminal Law under the leadership of the basic principles of criminal punishment，The basic balance of legal protection protection and human rights protection of criminal law。But，A positive expansion trend presented in criminal law for nearly recently，Criminal Law pays more attention to social security interests，Make human rights guarantee capacity to a certain extent challenge。This seems to shake the traditional criminal law function balance relationship，It also forms a controversy that freedom needs to be transferred to safely。

It should be said，The free development of people，Always the purpose of the pursuit of modern criminal law，This purpose should not be given up。The arrangement of the institutionality of criminal law must take into account and pay attention to people's free pursuit。But the other side that cannot be ignored is，Modern Criminal Law has expanded the scope of attention to freedom，The academic community has recognized，In modern society，Freedom has extended to many aspects of personal life。Although people can still insist on "preventing citizens from incorrecting others" as "the only sufficient reason for citizen's criminal punishment"，But "endangering others" no longer gives no longer a narrow understanding，This kind of harm is not just a real harm，also includes the risk of harm，Not only the infringement of a single individual，It should also include the infringement of the interests of the public and the public。From this，Criminal law constraints based on traditional liberalism are no longer the golden scripture law of the development of criminal law。Based on my country's criminal law regulation, the overall "strict but not strict"、The reality of the French Open is too rough，and the increasing demand for criminal law brought by the modernization of social governance，Legislators in Criminal Law Amendment，Reform by increasing new bet365 live casino games crimes or the constituent elements of existing crimes，Reduced the crime threshold，Criminal Law Network is more and more dense，Reflect that legislation is increasingly attached to the performance of the criminal law and benefits of the protection function。other，Freedom guarantee after all, not all the value of criminal law。In the paradox of legal benefits and rights protection，First of all, you should meet the needs of good people's legal and benefits。Especially in contemporary society，Facing unpredictable risks and disasters，Freedom and order requires new annotations and new balance，The community of human destiny determines that "cooperation is far more important than competition"，Criminal Law is not only about the freedom of individual individuals，Also related to the foundation of human society: unity and cooperation。Real and stable personal freedom，Only in the social community through various institutional arrangement unity and cooperation can be achieved。In other words，Free life pursued by people，It is often inseparable from the temporary personal freedom of personal freedom (such as various control measures for personal actions during the epidemic)。It is in this sense，The balance of legal protection protection and human rights protection is not solidified，but dynamic。

　　Affirmation of the meaning of light crime legislation

Light crime legislation generally refers to the past as administrative penalties for public security or civil infringement，Criminalization through legislation。Many scholars have criticized the Legislative Legislative Legal Legal Legislature，regards light crime legislation as the emotional reflection of the legislature，Question is excessive criminalization; proposed in the current criminal law system，Should try their best to deal with mild crimes in criminal justice，Instead of illegal acts that do not have serious social harm in criminal legislation, bet365 live casino games it should be absorbed into the crime circle。This view is actually the appearance。

First，Set up light crimes such as "dangerous driving", "high -altitude parabolic", "obstructing transportation tools safely" and other light crimes，It reflects the early intervention of criminal law、The concept of preventing criminal law for pre -punishment，Reflect that modern legislation "attaches more importance to the guidance of the criminal law on the standards of social and citizen's behavior、Evaluation Function "，It also reflects the legislative idea of ​​curbing felony with light crimes。For example，"Drunk Driving" in punishment as ahead、Prevention legislation，The purpose is to shape people’s normative consciousness、Self -discipline consciousness，Prevention of actual harmful results。Next，The legal benefits protected by light crime are usually collective legal benefits。Although the concept of Classical Criminal Law emphasizes the task of core criminal law is to protect personal legal benefits，But this is adapted to the relatively simple social situation of production and lifestyle at that time。and the development of society、Convenience of traffic，The communication and connection between people are getting closer and closer，People enjoy life，It also brought unprecedented risk。Strengthening administrative management becomes the main means of social governance，Backing as administrative management，The strengthening of administrative management has caused more and more collective law benefits to be included in the protection scope of criminal law。Last，Add light crime，Principles that are conducive to implementing crime and punishment。In practice，When there is no light crime，Taking related behaviors as "felony" to do it，The legislature is aware of this situation，That is, "In practice, in the absence of the corresponding light crime setting，​​The bet365 live casino games judicial organs exist to choose to apply similar felony、Barely convicted，Even the case of presumption of crime，This treatment cannot be punished properly for some crimes "。So，Set up light crimes，It helps to achieve the principle of considerable principles of guilt and punishment。So，The value of legislation of light crime should be fully evaluated。

　　Active development, upholding cautious attitude

Although the active development of criminal legislation，It is the needs of social development itself and its own development logic，But active does not mean that criminal law can rush to the front，It should not show an emotional legislative impulse，A moderate and prudent attitude should be maintained during the development of the criminal law。

First，Criminalization needs to adhere to the position of protectionism。Although criminalization is an unavoidable trend，But criminalization should not be blind、Emotional，should have your own launch logic。Among them, very important is the position of legal protection protection。The security of modern society highlights the need for the protection of collective legal benefits，But the protection of collective legal benefits still needs to be linked with personal legal benefits，Pure administrative order interests generally should not become the protection object of criminal law。Next，The expansion of light crime should focus on the convergence of the sentence and the conclusion of the civil torture。System governance of social cross -rail behavior，Criminal Law is just one of them，Can't replace other means with criminal law。Law and benefit protection is often a task faced by the law of different departments，This requires division of labor。Criminal Law is usually only when it is not caught when other legal adjustments，Top the criminal law in front，May weaken non -criminal means，Independence of the intensity of the governance system。again，The trend of heavy torture is worthy bet365 live casino games of vigilance。Based on the deterrence of punishment，But it is not appropriate to increase the punishment while falling to the ground。In the development of criminal law in my country，heavy tortureism has been lingering，Death Statement、Detailed imprisonment is still high in the criminal law of criminal law;，Diseases of the punishment structure have not been eliminated。In the future development of the criminal law，The gentleness of achieving criminal sanctions methods should be an important direction for my country's criminal law reform。Last，Criminal justice needs to adhere to humility。Judicial should adhere to the bottom line of the legal principle of crime。The application of criminal law is inseparable from the interpretation of the criminal law，Although the interpretation of the criminal law may not necessarily benefit the defendant，But the explanation of the defendant should still meet the specification expectations，To prevent explanation of expansion that transcends legislative text and does not meet the specifications expected。At the same time，The "crime" of minor criminal acts should be open。Especially after the legislation expands the scope of punishment，Judicial can be limited by explaining the judicial identification of crime，Form a constraint on criminalization。Such as a "drunk" type of dangerous driving case，The key constituent elements of the standard of "drunk driving" are formulated by the administrative organ，The absolute quantitative standard has led to the crime of dangerous driving.。This requires softening the rigid administrative standard of "drunk driving" to punishment，More crime channels for "drunk driving" cases through substantial interpretation。

Active and cautious development view of criminal law looks a bit contradictory，But things are often developed in this kind of mutual restraint。Positive cannot impulse，Be cautious should not stop。The development bet365 best casino games of criminal law needs to be based on the social background of the new era，Actively respond to social life。and the theory of criminal law needs to evaluate the various effects brought by the activity of criminal legislation，Give a constructive evaluation of the legislative trend，Promote the legal protection and human rights guarantee function of the criminal law to maintain a balance in dynamics，The road self -confidence and theoretical self -confidence that highlights the modernization of Chinese -style criminal rule of law。

　(The author is a professor at the School of Law of Nanjing University)