With the continuous advancement of China's concept and practice of the concept and practice of human destiny，Coordination reflected in the criminal law、The internationalization trend of mutual learning and civilization collision will be stronger。How to provide protection for the common value of all human beings，How to follow the trend in the increasingly complicated international exchanges，What position does the legislation of the criminal law intervene in social governance and global governance，It is worth thinking about the academic community。

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The steering of the legislative view of the criminal law is determined by the legislative status and legislative needs of the modern state: from focusing on the results to focusing on behavior itself、From punishment to traditional crimes to regulating emerging crimes (terrorism、Internet crime、Biological safety crime、Ecological crime)、From paying attention to post -after -to -after punishment to strengthening advance punishment、Value selection from the advantages of social protection to human rights protection, etc.。Germany revised the Criminal Code through different forms from 1969 to 2019，The total number of times has reached 202 times。Since the 1990s，Japanese criminal legislation is also extremely active，Criminal code is frequently modified，There are many new crimes clauses。my country's late Criminal Law legislation and related amendments are also dense，It reflects the early characteristics of criminal law intervention，Show a positive attitude in protecting human rights and participating in social governance。For example，"Amendment to the Criminal Law (8)" is a criminal theory for drunk driving; "Criminal Law Amendment (9)" is in legislative technology to "co -crime of acting correction", "preparation behavior is positive"，Preparation bet365 best casino games for terrorist activities、Fund、Incitement and other behaviors is based on the argument of the offenders; "Criminal Law Amendment (11)" added high -altitude parabolic crime、Dangerous homework crime，Incorporate past behaviors that have been regulated by other laws into the scope of criminal law。Countries from various countries have continuously transformed in a positive direction in the legislation of criminal law，The reason is as follows。

First is the challenge of the risk society。Whether it is terrorism、Gene editing、Environmental pollution，Still virus、Nuclear radiation、Artificial intelligence accident, etc.，The risk of modern society reflects human being、Difficult predictability、Features such as non -recovery of legal benefits。These risks correspond to the transformation of legislative view of criminal law。Article 39 of my country's "Criminal Law Amendment (11)" increased the clauses such as embryo cloning and gene editing，Active criminal law legislation to prevent possible technical risks。This also reflects the constant reference of my country's criminal law、Absorption of innovative legislation in the international field，Make the country's criminal legal norms present the advanced criminal law civilization achievement of human society。

Second is the change of national functions。Modern state is preventing social risks、Effective crisis should be on、Promote the continuous production of order to undertake more new functions，This has also promoted the rise of the concept of instrumentalism。From the relationship between the development of criminal law theory and the changes in the social situation，With the increase of modern social risk，Intervention in social governance with criminal law、Key prevention and control social risks、Maintaining security order has become the main goal of national governance，The tool attributes of the criminal law in the context of social governance will be more prominent。After all，Human security is the value target that the criminal law of all countries around the world，This prompts the legislative view of criminal law to bet365 Play online games actively inclined，Continuously fits the transformation of national functions。

Third is the lack of criminal legal specifications。Insufficient supply of legal specifications when dealing with specific social problems in judicial practice，It will continue to promote the innovation of criminal legislation，Then accelerate the "activity" of the legislation of criminal law。Modern criminal law should keep pace with the times，Find the appropriate position in domestic criminal regulations and participation in global criminal governance。Take the Criminal Law Amendment (11) as an example，Modification and supplement of many articles，It is undoubtedly a social loss behavior that has already occurred and attracted the eager attention of the society (such as the crime of minors，High -altitude parabolic，Insult、Defamation British Lie，Responsibility for taking advantage of others with others)。From the perspective of standardized supply，If the current criminal law specification can accurately evaluate the reality as，No need to modify the criminal law。Only when the current criminal law specification cannot meet this evaluation requirements，Only need to modify the Criminal Law Code，This enhances the tolerance and culinary power of the specifications。

　　Dialectical view of the expansion and humility of the legislative outlook on criminal law

The core of active criminal law legislation is the risk of preventing the infringement of the benefits of law，Expansion of criminal law penalties through positive criminal legislation，Make the criminal law meet the needs of changing social life facts。The view of negative criminal law advocates that legislation should be stable，It is believed that frequent addition of new sins will cause national power to expand，So that the rights and freedom of citizens are limited，Not conducive to the human rights protection value of criminal law，It will even fundamentally shake the status of the criminal law as the "Last Law"。Another，Criminal Law Legislative Outlook Opposition to symbolic legislation，It is believed that a large number of new crimes are actually bet365 Play online games announced、symbolic，is to satisfy peace、Order、Security、Newly added the demand for human rights and equal value、Revised or adjusted criminal legislation，In fact, it is to respond to the public opinion’s appeal and pressure on criminal governance，declaration is greater than practicality。

Different Criminal Law Legislative Outlook，In fact, it also reflects the expansion of the legislation of criminal law and the debate of humility。From the perspective of law，It has a value balance function，Regardless of criminalization or non -criminalization，All need to coordinate and balance many values。For example，In terms of cracking down on terrorism or maintaining nuclear safety，The consequences of related criminal activities are devastating，Therefore, the "intervention" made by criminal law when regulating such crimes requires front;，Questions about how to protect personal information and protect，That is to face politics、Economy and culture are open、Situation of free state，Personal right to acquire specific information and its limitations，In particular, the interests of personal privacy need to be balanced、Social justice in economic prosperity and exclusive rights。

In fact，Active Outlook of Criminal Law is not of course violated the principle of humility in criminal law。As far as the legislation of criminal law，is a way to protect the protection of legal benefits, not the only，In addition, there are other legal norms and social specifications，can also guarantee legal benefits、Maintenance of order。The Criminal Law legislation must be clear in the internationalization context of the criminal law -the last means to protect the common legal benefits of human beings。Despite the characteristics of the modestism of the criminal law still need to pay attention to，But it does not mean that for some of the common value of all human beings，As human peaceful development、Human rights and human dignity、Global ecological environment and other aspects of legal benefits protection，Criminal Law should maintain negative or even inaction state。

　　Qianzhuan is the need for expansion

The choice of legislation under the context of the internationalization of criminal law needs to be based on sovereignty and surpass sovereignty，From the overall interests of human beings、Welfare and fate to determine，At the same time, we must meet the concept of human rights guarantee value。In the case of criminal law, you can still play the role of the "Last Law"，And this role can still be based on the value of promoting the rule of law。So，First，The application of the death penalty should be strictly controlled。Some extremely harsh violent crimes，Ru intentional homicide、robbery, etc.，Need to combine criminal means and subjective malignant malignant，Consider the appropriateness of the configuration of the death penalty; and such as food safety crime，If it is only out of the criminal purpose of profit -seeking，The configuration of the death penalty deviates from the original intention of criminal governance，It does not meet the criminal policy of lenient and strictness，For this type of crime，Try to use the death penalty as little or not。Next，Appropriate ratio of non -prison forbidden punishment。According to statistics，The proportion of mild crimes in my country has exceeded 80%，Under the international trend that is highly available in probation，Improve the applicable rate of non -imprisonment，Reduce the severe degree of punishment，Not only in line with my country's crime governance status quo，The internationalization trend of criminal law separated from the severity is in line with。Last，Weaken the label effect of the crime。Proper adjustment of employment restrictions on criminal labels stipulated in relevant laws and regulations，Eliminates the occupational restrictions on over -criminals，Unlimited period of unlimited period of professional qualifications，Reduce the difficulty of returning to the return of the criminal。

Protection of major legal benefits in human society，For example, the health of human life is related to human life、International Peace Security、Ecological bet365 live casino games environment resources, etc.，Active Outlook of Criminal Law Legal Law should be appropriately selected。At this stage, my country's criminal law is still in a "small and heavy" state，That is the crime circle narrow、Penalties are too heavy。The trend of future criminal law legislation should be to expand the crime circle，At the same time, promote the gentleness of punishment，Of course, expanding the crime circle does not mean that it will definitely violate the humility of the criminal law。At this stage, the actual state of the domestic criminal law structure is "strong but not strict"，Correspondingly strict law network does not deny the last means of criminal law，Do not deny the requirements of the criminal law reasonably and effectively organizing the reaction of criminal response，Therefore, the demand for the humility of the criminal law will not constitute a negative。So，Under the context of the internationalization of criminal law, my country's criminal law legislation should maintain overall humility，Guided by active criminal law legislation in key areas，Strict Criminal Law Network，Continuously solve the problem of lacking or insufficient evaluation of criminal legal specifications。Determination of the key areas of the internationalization of criminal law，Can be guided by the concept of the community of human destiny，For example, the concept of the community of human destiny "lasting peace" level，Strictly cracking down on terrorist crimes from the overall national security view，Coordinated Criminal Law and Anti -Terrorism Law、The connection facilities of the anti -espionage method; in the "universal security" level of the concept of the community of human destiny，Strengthen the active intervention of criminal law for non -traditional security，Added crimes such as biological safety crimes，Amend the crime composition of the old crime，Expansion of the scope of regulation of criminal law; "Clean Beauty" level in the concept of the community of human destiny，Explore independent environmental criminal law，Combined with my country's environmental protection Bet365 lotto review laws and regulations and the practice of other countries，Divided environmental crimes into pollution environmental crimes and damage resource crimes，Decomposure of existing crimes。

Internationalization of criminal law, in addition to the constant integration of criminal law specifications at the institutional level，It is also required to be reflected in the internationalization of the Criminal Law Legislative Opinion in the spiritual field。Adhere to the overall humility、Active Outlook of Criminal Law Legislative Mission，It helps to accelerate my country's criminal law to a role change to the role of social protection and human rights protection，Promote the upgrade of domestic criminal law functions。

　(Author Unit: School of Law of Beijing Normal University)