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刑法的谦抑性已成为刑法追求的价值理念之一,近年来愈益受到我国理论界与实务界的重视。在法经济学的视野下,通过对刑法谦抑性思想内涵的梳理,挖掘出刑法的经济性、效益性是刑法谦抑性内涵的本质所在,刑法成效论、刑法供求论及刑法均衡论则共同构成刑法谦抑性的理论基础,并基于上述认识探讨刑法谦抑性在我国刑事法治建设中的具体适用。
Modesty and restraint of criminal law has become one of the values pursued by criminal law. In recent years, it has been paid more and more attention by our theoretical and practical circles. From the perspective of law and economics, through the combing of the connotation of modesty and restraint of criminal law, digging out the economy and benefit of criminal law is the essence of modest connotation of criminal law. The theory of criminal law, the theory of supply and demand of criminal law and the law of criminal law equilibrium Together constitute the theoretical basis of modesty and restraint of criminal law, and based on the above understanding to explore the specific application of criminal modesty and restraint in the construction of criminal law in our country.