Contemporary Narrative towards Humility in Criminal Law:a Functional Construction Based on the Dimension of Procedure
Social change has led to structural changes in crime patterns,and the risk characteristics of post in-dustrial society have increased the demand for safety.The criminal law view has also shifted from passive to active,and correspondingly,there has been an adjustment from responsive criminal law to preventive criminal law.Al-though it is necessary to continue to abide by the restraint of criminal law,it also needs to be adapted to the context of the times.The current security situation has given rise to a stronger demand for criminal policies with a stronger tendency towards punishment,and criminal policies have infiltrated the doctrinal process of crime determination.The functionalist interpretation guided by the protection of legal interests has become an unstoppable trend.Based on the challenges faced by the era of criminal law restraint,it is urgent to strengthen the traditional path of criminal substantive law while emphasizing the construction of a path based on procedural dimensions to achieve criminal law restraint.Firstly,it is necessary to clarify an appropriate position on the value of criminal law,which requires han-dling three sets of propositions:balancing the modern turn of criminal law with classical adherence,balancing the functions of protection and promotion,and striking a balance between conservatism and radicalism.Secondly,for behaviors that have already been convicted and interpreted,the filtering effect of the crime should also be exerted from the perspective of criminal procedure,which mainly plays an effective role in four aspects:strict grasp of evi-dence standards,full use of discretionary non prosecution,moderate expansion of the scope of conditional non pros-ecution,and institutionalized operation of social hearings for controversial cases.Given the limited function of crim-inal law interpretation in determining crimes,it is important to pay attention to the role of procedural pathways in safeguarding criminal justice.Only by coordinating the front-end criminal law interpretation methods with the back-end procedural legal channels can we maximize the protection of criminal law modesty.
criminal policycriminal law perspectiverisk societyevidence standardsno prosecution
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