"Chinese -style Modernization New Road" contains the modernization of the national governance system and governance capabilities，This is a concentrated manifestation of modernization of the national system and execution capabilities，It is also the difference between the modernization road with Western countries，Demonstrate the expansion and deepening of the "new road of Chinese -style modernization" for national modernity。rule of law is an important path for the modernization of national governance，Instead of advancing the modernization of the national governance system and governance capabilities on the track of the rule of law。Promoting the modernization of Chinese -style criminal rule of law is a key link for improving the level of modernization of the national governance system and governance capabilities。Specifically，Exploring the modernization of Chinese -style criminal rule of law should be based on the principles of criminal punishment、Taking the right to protect the right of freedom of citizens、Basic concepts based on advocating the view of negative criminal law、Taking the position of adhering to the actual criminal law as the way of thinking、The implementation path of shaping the co -governance of the civil and punishment。

　　bet365 Play online games Admience to the legal principles of criminal punishment

Criminal Law has two sides，It has established national punishment rights，Restriction of national punishment right，It is not only a penalty for punishment，and still a penalty limit。Criminal rule of law must effectively punish crimes，Avoid abuse of national punishment rights，The exercise of punishment rights should be limited to within the minimum and necessary limit of law。So，Establishment of crime must be based on the clear provisions of the criminal law，Legal principles of criminal punishment have become bet365 best casino games the most important cornerstone of criminal rule of law since modern times。Adhere to the legal principles of criminal criminal bet365 live casino games criminal rule of law modernization，Its fundamental spirit is to restrict national punishment rights。The legal function of the criminal and punishment has important functions that carry the belief in criminal law，or the public's belief in the criminal law is deeply rooted in the form of the principle of criminal punishment。The substantive aspect of the legal principle of criminal punishment has established the clearness of the criminal legislation at the right to legislative rights、Actions that are prohibited from improper punishment、Three quality such as prohibiting uneven punishment，Requirement of legislation must ensure the goodness of the criminal law，Opposition of evil law is also method，The foundation of the "good law" of the criminal law has been established;、Forbidden post -after -to -the -after method、Forbidden category for explanation、Four basic requirements such as absolutely irregular punishment，It guarantees the proper application of criminal law through restricting judicial power，Elimination of the intentions of the judicial process and the uncertainty of the judicial results，Direct "good law" to "good rule"。During the realization of "good law and good rule"，Fairness and justice of society and the freedom of citizens are effective protection，The public's criminal law belief is established、Consolidation and development，Laying a solid foundation for Chinese -style criminal rule of law。

　　Target -oriented: Guarantee the right to freedom of citizens

The people -centered politics of the people is the fundamental political position，It is also the logic of socialist rule of law，The people of the rule of law must be settled in the final analysis to effectively protect the right of freedom of citizens，To better realize respect and guarantee human rights、Promoting Bet365 lotto review social fairness and justice。Criminal Law roots originated from the demands of citizens' protection of freedom rights，Exploring the modernization of Chinese -style criminal rule of law must be based on protecting the right to freedom of citizens，Avoid the harm of the "evil of the criminal law" to the personal freedom and rights of citizens。Protecting the right of freedom of citizens must respect the meaning of the exercise of citizens' rights、Select freedom，It is necessary，The former manifested as a recognition of personal legal self -determination，The latter manifests as affirmation of negative freedom，Two and personal rights protection。

　　Basic concepts: Promote the view of negative criminal law

In the background of risk and social，Although the criminal law is not the most effective social governance method，But it is the most convenient、The most efficient means，Because it is compared to other complex social governance measures，Settle a certain behavior of crimes or modify its legal punishment，It is undoubtedly relatively easy to be much more，and the public is also very easy to quickly increase the value and stable value appeal of security and stability from new crimes or aggravate punishment，Get emotional soothing。But，Criminal Law actively involved in social life、Actively participating in social governance breaks the balanced structure of national power and citizen rights，Make the country's punishment right vicious and the right of freedom of citizens shrinks severely。The current prevailing active prevention of criminal law strengthens the national intervention of social governance，Excessive dependence on the punishment of criminal law leads to a sharp expansion of the crime circle、The scope of punishment is continuously expanded、Penalty deterrence gradually weakened、A series of problems such as short -acting criminal governance mechanism。Explore Chinese -style bet365 live casino games criminal rule of law modernization roads should adhere to the new concept of "co -construction, co -governance sharing" and "social governance community"，Implement rules logic、Control logic and other rule of law logic，Promoting the principle of injection ratio in criminal law intervention and negative criminal law concept of negative criminal law: in multiple social governance specifications，Pay attention to criminal law specifications and out -of -criminal regulations、Percent supply of foreign norms，Maintain the "minimum ratio" of the punishment system; emphasizes the matching and equilibrium between the purpose of the protection of legal and interest and the means of legal benefits，The "final sex" of maintaining the intervention of criminal law。The view of negative criminal law can promote the good law and good governance of social governance，Improve the squeezing status quo of other governance subjects and governance specifications，While maintaining the punishment of the criminal law, while helping to form a social governance pattern of diversified co -governance，Then improve the modernization level of criminal rule of law。

　　Method Method:Perseverance of the Position of the Imperial Criminal Law

The fundamental problem in solving the case of formal thinking or substantial thinking is the core content of criminal rule of law，How to understand the standard of criminal law、and then accurately determine that crime is decisive。Exploring the modernization of Chinese -style criminal rule of law should be based on the essential criminal law view of rationality，Prerequisites based on form rationality、Based on substantial rationality，Method of thinking about substantiveism，Specific two core propositions including substantial crime theory and substantial interpretation theory。Emphasis on the theory of substantive crime，Constracts compliant judgment，It is essentially determining whether there is a legal infringement worthy of the punishment of the Bet365 app download Division，and the judgment of illegality and responsibleness must also be considered based on legal benefits or threats。From this，The establishment of the crime is divided into two conditions，That is objective components related to illegality and subjective constituent elements from the type of responsibility。A substantive interpretation theory is committed to explaining the constituent elements from the perspective of punishment and rationality，It is designed to limit the application of unreasonable constituent elements in the criminal law through substantial interpretation，Actions that meet the meaning of the text of the criminal law, but essentially not to be punished, exclude it outside the crime circle，The scope of punishment of the criminal law with this，Fully realize the properness of punishment，Avoid the emergence of the phenomenon of "innocent punishment"。In judicial practice, you should grasp the "formal crime，Sinity，Legal，Reasonable crimes "，The concept of justice contained behind the law through the substantive explanation，Crime of improper entry and existing in the form of justice correction in substantial justice，Establishing a "crime of guilt may not be punished" mechanism，To achieve the balance of the legal and profit protection function of the criminal law and the human rights protection function。

　　Implementation path: shaped the common governance mode of the civil and public punishment

my country has adopted the social governance mode of heavy punishment for a long time，Internal features are manifested by the emphasis on the function of maintaining social order，External features are reflected in the criminal law often bypassed the pre -method as a priority option and normal tool for the behavior of social loss。Social governance is too dependent on criminal means，Display social governance into criminal governance through a positive posture of criminal legislation and judicially，Delivery of bet365 live casino games social governance structure imbalance。Social governance model dominated by criminal governance, although simple and efficient，But it has damaged the relationship between the country and the citizen，The increasing expansion of the punishment of criminal law often causes or intensify new social contradictions，increased social governance costs、Difficulties increase。Such governance is both out of money and no supplement，It belongs to the typical "more Yuezhi"，Social governance enters a vicious cycle。The promulgation and implementation of the "Civil Code" provides an opportunity to reintegrity and examine whether my country's social governance has achieved a major problem of modernization，It also provides direction guidance for exploring the realization path of Chinese -style criminal rule of law.。The Civil Code is neither an empty political slogan nor abstract right declaration，Instead, it is necessary to implement the specific specifications and systems in each field of social life。To achieve the modernization of Chinese -style criminal rule of law，It is necessary to properly weaken the role and weight of criminal governance，The field of criminal governance should not be given or returned to civil governance，Make civil governance fully play an important role in the era of the Civil Code，Shape Sharing Elementary and Order、Responsibility is different、After the people's punishment、Democratic Progressive Penalties Co -Governance Mode，This is an important way to implement the people's codes in social life and social governance，Then realize the modern transformation of social governance from relying on criminal law to private law autonomy。

Promoting the modernization of Chinese -style criminal rule of law is the deserved meaning and inevitable choice of "Chinese -style modernization road"。Chinese -style bet365 live casino games criminal rule of law modernization and formality and substantial rationality，Forms of criminal rule of law pursue the stability of criminal law，It is intended to bet365 Play online games achieve peace and stability of criminal law; and the pursuit of substantial criminal rule of law is pursuing substantial justice，It is intended to achieve social justice and public well -being。

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