Does Preventive Criminal Law Impact on the Principle of Modesty?—The Analysis on Preventive Environmental Criminal Law
The principle of modesty does not have an independent legislative criticism function,and it is necessary to re-understand and position this principle:firstly,it can be regarded as a descriptive concept;Secondly,it can be regarded as a critical concept.As for the latter,its critical power does not stem from itself,but from the theory of legal interest protection and the principle of proportionality that fills it in.Preventive criminal law can be reviewed through the theory of legal interest protection and the principle of proportionality,as it protects appropriate legal interests,has effectiveness,cannot be replaced,and is economical,therefore it does not violate the principle of humility.As a descriptive concept,the principle of modesty can be divided into absolute reasonable modesty and relatively reasonable modesty.Preventive criminal law can only achieve relatively reasonable modesty,but cannot achieve absolute reasonable modesty.This requires us to not be too harsh in our criticism of preventive criminal law,but to retain a certain degree of tolerance.
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