In other words, when the application of other laws is enough to restrain an illegal act and protect the legitimate rights and interests, it should not be stipulated as a crime; If the application of lighter sanctions is enough to curb certain criminal acts and protect legitimate rights and interests, no heavier sanctions shall be stipulated.
There is no need to enact criminal legislation in the following cases:
1, punishment has no effect. That is to say, if an act is defined as a criminal act and still cannot achieve the effect of preventing and controlling the criminal act, then the legislation is not feasible.
2. It can be replaced by other methods. If the prohibited content of a criminal code can be effectively controlled and prevented by civil, commercial, economic or other administrative sanctions, then criminal legislation is unnecessary.
Extended data:
Application of Modesty Principle in Criminal Judicial Practice
( 1)? The embodiment of modesty principle in the process of criminal justice.
In the process of criminal justice, the principle of modesty is embodied in the fact that judicial organs should appropriately reduce unnecessary crime identification or suppress unnecessary heavy sentences on the premise of fully following the principles of legality, adaptability between crime and punishment and equality of all.
"Doubt is never found" is the main expression of the principle of modesty in the process of criminal justice. The author thinks that besides "no doubt", there is another expression of the principle of modesty-"no doubt", that is, when there is doubt between true crime and non-crime, finding innocence reflects "no doubt"; When there is doubt between a misdemeanor and a felony, it should be handled as a misdemeanor. When there is doubt about whether there is a statutory lighter or heavier circumstance, it is regarded as a lighter circumstance, which reflects that "the suspected crime is lighter".
(2)? Application and limitation of the principle of modesty in criminal law in judicial process
1, the applicable conditions of the principle of modesty in criminal law should be strict. This principle can only be applied if there is enough evidence to lead to reasonable doubt. If a doubt is just a guess, it can't be regarded as reasonable doubt.
2. When there is doubt about the identification of the subjective psychological state of the actor, the principle of modesty in criminal law should be limited by reasonable presumption. That is to say, when the actor's implementation of criminal law requires the actor to know or have a certain purpose subjectively, but the actor doesn't know or has no purpose, which leads to doubt, we can't simply apply "no doubt" to determine that the actor doesn't know or has no purpose subjectively, but should make a reasonable presumption based on objective facts.
3. How to apply the principle of modesty in criminal law when it is impossible to distinguish between misdemeanor and felony? When there are doubts between this crime and that crime, and the sentencing of this crime and that crime is the same, it is obvious that "no doubt" or "less doubt" cannot be simply applied. In this case, how should the judicial organs apply the principle of modesty in criminal law?
References:
Baidu Encyclopedia-Modesty Principle
China Law Popularization Innovation Network —— Also on the application of modesty principle in judicial practice